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Friday, March 05, 2021 @ 10:50 AM

How to break an impasse in a commercial mediation Two men arm-wrestling over money

There is often a considerable sense of frustration and sometimes bitterness after an apparently productive mediation fails to cement a settlement by the end of the mediation day or days. ... [read more]

Thursday, March 04, 2021 @ 3:06 PM

Vulnerability and daring: Hazing and St. Michael’s College School | Marvin Zuker

How many of our children have been emotionally disgraced, physically injured or even killed as a result of ridiculous acts just to govern acceptance? Is it time to regulate? ... [read more]

Thursday, March 04, 2021 @ 12:39 PM

Feds appoint four judges to Ontario Superior Court of Justice

The federal Department of Justice (DOJ) announced four judicial appointments to the Ontario Superior Court of Justice. ... [read more]

Thursday, March 04, 2021 @ 10:40 AM

Giving effect to voice of the child Seated therapist talking with child and giving a heart

As the Supreme Court of Canada stressed in its seminal and often cited judgment, Gordon v. Goertz [1996] 2 S.C.R. 27, the focus in parenting matters is on the “best interests of the child.” Amendments to the Divorce Act, effective March 1, now statutorily prescribe the best interests test, and one factor to be considered is the child’s views and preferences. ... [read more]

Thursday, March 04, 2021 @ 9:15 AM

Agenda offers ‘roadmap to action’ on revamping justice system in British Columbia: bar association CBABC president Jennifer Brun

Despite the watershed (and much-needed) change foisted on the justice sector as a result of the COVID-19 pandemic, the Canadian Bar Association, B.C. Branch (CBABC) says much more needs to be done to improve access to the system. It has now set out a plan of action for the province to achieve that goal. The CBABC’s Agenda for Justice 2021 offers more than 40 recommendations in 22 key areas and essentially runs the gamut of the entire justice system, from legal aid to court modernization to contracts. ... [read more]

Thursday, March 04, 2021 @ 8:41 AM

COVID and the continuation of child support High school students

While the media focus during the pandemic has been on primary and secondary school challenges, college and university students have also been greatly impacted. Some time ago I wrote on the possible unintended consequences of students working from home and the “summer support model.” Of perhaps greater impact on child support has been the interruption of post-secondary school attendance or the abandonment of same (for various reasons, to be discussed) by many “adult children.” ... [read more]

Wednesday, March 03, 2021 @ 2:01 PM

In defence of B.C.’s pronoun practice directives | Brad Regehr and Jennifer Brun

The rights of transgender and non-binary persons to equality and dignity are not open to debate — they are a matter of law. ... [read more]

Wednesday, March 03, 2021 @ 9:44 AM

Ontario lawyers’ groups monitoring judge selection process as new law looms, leaders say Charlene Theodore, president, Ontario Bar Association

Ontario’s two largest lawyers’ associations will be watching carefully to assess what impact new legislation from Queen’s Park will have on the impartiality of the province’s judicial appointments process, their leaders say. Bill 245, the Accelerating Access to Justice Act, 2021, is currently before the legislature and is expected to pass later this month. ... [read more]

Wednesday, March 03, 2021 @ 9:18 AM

Spark LLP expands team in Windsor

Spark LLP announced it has expanded its presence in Windsor with the addition of lawyers Carolyn Gray, Francesca Provenzano and legal assistant Marianne Thomson to its team, which it says will help it further its ties with Canada’s southernmost city.  ... [read more]

Wednesday, March 03, 2021 @ 9:10 AM

New Divorce Act changes focus on out-of-court resolution, interests of child David Lametti, Minister of Justice and Attorney General of Canada.

New federal laws requiring family lawyers to “encourage” parting spouses to use mediation or other forms of alternative dispute resolution instead of the courts have come into force. On March 1, federal Minister of Justice and Attorney General David Lametti announced in a news release that long-awaited amendments to Canada’s Divorce Act took hold as of that day, marking “the first substantive changes to federal family laws in more than 20 years.” ... [read more]