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Wednesday, August 30, 2017 @ 8:55 AM

The pros and cons of using evaluations to enhance family law mediation Evaluation_sm

The use of evaluations in mediation is controversial. But they can be an effective way to break an impasse when more traditional techniques are unsuccessful. ... [read more]

Tuesday, August 29, 2017 @ 8:32 AM

CHILD PROTECTION - Children’s aid societies - Supervision or guardianship - Considerations - Best interests of child - Status review - Practice and procedure - Parties

Appeal by Valoris pour enfants et adultes de Prescott-Russell (Society) from a Divisional Court decision overturning an order adding the foster-to-adopt mother as a party to child protection proceedings relating to AN. ... [read more]

Thursday, August 24, 2017 @ 2:44 PM

Adjudicator calls for specialized court to tackle pet ownership and custody issues Rebeka Breder

Nova Scotia small claims court adjudicator Eric Slone is frustrated with being legally compelled to treat Fido like a Ford Focus or other four-wheeled vehicle. ... [read more]

Wednesday, August 23, 2017 @ 8:57 AM

Tribunal decision recalibrates family status accommodation

Family status accommodation has been in flux in recent years. The Federal Court of Appeal decision in Canada (Attorney General) v. Johnstone, 2014 FCA 110 ("Johnstone") provided a new legal test to be applied. However, there was always the possibility that Ontario courts or tribunals would not follow the federal decision. That possibility became reality last fall. ... [read more]

Wednesday, August 16, 2017 @ 9:46 AM

Child abduction and non-Hague Convention countries

The rise of globalization, ease of travel and parental conflict have given rise to an increasing rate of international child abduction. Some children are lucky enough to be returned to their home more easily and more expeditiously than other children. It ultimately depends on where they live and where they are abducted to. ... [read more]

Wednesday, August 16, 2017 @ 9:22 AM

Canadian research institute studying cost of resolving family law disputes John-Paul Boyd sm

The Canadian Research Institute for Law and the Family (CRILF) and the Canadian Forum on Civil Justice are tackling a piece of the access to justice puzzle together by conducting a study on the cost of resolving family law disputes. ... [read more]

Tuesday, August 15, 2017 @ 1:18 PM

B.C. court rules Indigenous heritage doesn’t override child’s best interest in adoption Jasmeet Wahid sm

The British Columbia Court of Appeal has determined that a child’s Indigenous heritage does not attract a “super-weight” over other factors in adoption in a decision the birth mother plans to appeal to the Supreme Court of Canada.   ... [read more]

Tuesday, August 15, 2017 @ 8:45 AM

CUSTODY AND ACCESS - Practice and procedure

Appeal by the mother from an interim order varying the parties’ parenting arrangement and granting the father primary care. ... [read more]

Monday, August 14, 2017 @ 9:36 AM

What Bill 28 means to sperm donor pregnancies and surrogacy

The recent amendments to the Children’s Law Reform Act acknowledges the reality of family formation using assisted reproduction, However, there are cautionary notes that need to be taken into consideration. ... [read more]

Friday, August 11, 2017 @ 9:21 AM

How soaring real estate prices affect separating spouses Housing bubble

In recent years, home prices in the Greater Toronto Area have experienced a year-over-year spike in sale prices. Although this is positive news for families' net worth, this trend has caused particular difficulty for separating spouses. ... [read more]