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Friday, September 28, 2018 @ 8:45 AM

Trustees in the middle when family trust meets family law inthe_middle_sm

Family trusts, like all trusts, are by their nature complex beasts. They create unique rights and obligations between specific actors that originate in the trust obligation itself. ... [read more]

Thursday, September 27, 2018 @ 12:17 PM

How to screen for domestic violence, intimate partner homicide and safety mansevilshadow.jpg

In part one of this two-part series, I wrote about the statistics of intimate partner violence, how domestic violence and intimate partner violence are made worse during separation and divorce and the four patterns of intimate partner violence. Part two will give family law lawyers, family mediators, family arbitrators and parenting co-ordinators ways and means to diagnose the likelihood of domestic violence and intimate partner violence and where to find more resources. ... [read more]

Friday, September 21, 2018 @ 8:25 AM

BINDING ARBITRATION - Jurisdiction of the court to review

Application by the father for leave to appeal portions of an arbitration award respecting the reunification of the children with their mother, the denial of a stay of the arbitration award and an award of solicitor-client costs in favour of the mother. ... [read more]

Thursday, September 20, 2018 @ 2:25 PM

Carleton seeks volunteers for family law co-parenting survey

Carleton University is looking for volunteers for a survey into how online technology applications are being used, and can be better used, in the family courts. ... [read more]

Thursday, September 20, 2018 @ 8:48 AM


Motion by the respondent father to set aside a temporary consent order and to have an investigation for professional misconduct commenced against two lawyers. ... [read more]

Tuesday, September 18, 2018 @ 3:17 PM

Think outside the box: Arbitrating family law disputes | John-Paul Boyd

A recent study of lawyers’ views on dispute resolution processes by the Canadian Research Institute for Law and the Family showed that arbitration is used to resolve family law cases far less often than litigation, mediation and collaborative negotiation are used. I suspect that regional variations in the use of arbitration versus litigation may correlate to the delays respondents experience getting before a judge: in Alberta, where delays are legendary, 88.7 per cent of respondents use litigation in their practice while 38.7 per cent use arbitration; in Nova Scotia, on the other hand, 100 per cent of respondents use litigation and only 7.7 per cent use arbitration. ... [read more]

Tuesday, September 18, 2018 @ 12:46 PM

Risks of intimate partner homicide to lawyers, mediators, clients and families businessmanmurder_sm.jpg

It is a fact that many more women die by the hand of their intimate partner than by any other means. There were 18 women killed and two men killed in Canada from January to April 2018 by their intimate partners, making a mockery of the words “I love you” and “to love, honour and cherish.” ... [read more]

Monday, September 17, 2018 @ 9:27 AM

Interests of child, respecting foreign jurisdiction at heart of Ontario custody dispute Sukhman_Grewal_sm

The best interests of the child prevailed in a custody battle between a mother who left Canada for India with her young son and a father who was “forum shopping” in Ontario’s courts after having entered divorce proceedings in Hyderabad, lawyers say. The issues behind the Sept. 10 Court of Appeal of Ontario decision in Kunuthur v. Govindareddigari 2018 ONCA 730 came down to the current life of the boy, now 13, the length of time his father took to launch legal action in Ontario and the jurisdiction of a family court in the south Indian city of Hyderabad. ... [read more]

Friday, September 14, 2018 @ 11:59 AM

Avoiding the contagion of divorce gossiping

A relatively new study suggests that the divorce of a friend or close relative dramatically increases the chances that you too will divorce. A research team from Brown University, Harvard University and the University of California found that “you’re 75 per cent more likely to become divorced if a friend has divorced, and if a friend of a friend is divorced your odds of getting a divorce increase 33 per cent.” ... [read more]

Thursday, September 13, 2018 @ 11:26 AM

Potential issues facing the emerging death care industry 3candles1out_sm.jpg

While medical assistance in dying gets all the attention these days, one of the trends I’ve been monitoring is the emergence of a “death care” industry in Canada. While still predominantly a grassroots movement, these are individuals operating outside the health sector who offer a wide range of death-related services to dying persons and their families. Some of these services are essentially various forms of support and companionship at the end of life: providing community resources, offering spiritual care and communicating with distant relatives. ... [read more]