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Monday, August 22, 2022 @ 2:16 PM

Whoops! Forgot to register transfer of title prior to death Gift-wrapped house

Chan v. Chan, (2022) ABQB 256, is a case in which the issue raised was whether legal title to real property can transfer after the transfer is executed but before it is registered. Justice Grant S. Dunlop of the Court of Queen’s Bench of Alberta ruled it does not. ... [read more]

Monday, August 22, 2022 @ 11:32 AM

Immigration: What’s in a name? Blank Canadian passport application

Something as common as our name is not necessarily straightforward to officially record. Naming practices vary greatly around the world. The North American concept of first name, given at birth, and a surname or last name, representing the family, is not necessarily practiced in other countries or cultures. ... [read more]

Friday, August 19, 2022 @ 2:42 PM

Trudeau nominates first-ever Indigenous judge to Supreme Court Justice Michelle O'Bonsawin.

The Supreme Court of Canada is on the cusp of getting its first-ever Indigenous judge. On Aug. 19, Prime Minister Justin Trudeau announced he has nominated Ontario Judge Michelle O’Bonsawin, a francophone First Nations woman, to the country’s highest court. ... [read more]

Wednesday, August 17, 2022 @ 4:27 PM

[ Legal Wire ] - Insurance Act does not confer statutory right to defend claims as insurers see fit: Ontario judge

An Ontario judge has added an insurance company as a defendant to a motor vehicle claim, despite the company’s arguments that doing so would render meaningless its statutory right to defend claims as it deems fit. ... [read more]

Wednesday, August 17, 2022 @ 2:09 PM

The second spouse and estate planning: Smoothing a bumpy road A woman's  profile flanked by two men

For many people, one of their primary estate planning goals is to take care of their spouse after their death. This is particularly the case if most of the couple’s assets are held by one spouse or where the spouses are in a later-life relationship — the second spouse — and/or have children from a previous relationship. ... [read more]

Wednesday, August 17, 2022 @ 12:47 PM

Affordable housing, condos and ‘single-family’ rule: Time for a rethink Family

As opportunities to secure an affordable home in the Greater Toronto Area become increasingly sparse, the explosive construction of condominium (condo) units across the city may offer some relief to our housing crisis. But those seeking to call condos their homes — whether by purchasing a unit as an owner or leasing as a tenant — often face a potentially discriminatory hurdle that is explicitly prohibited by municipal law: the “single-family rule.” This rule limits occupants on the basis of familial relationship, which can be defined in vastly different ways from condo to condo. ... [read more]

Wednesday, August 17, 2022 @ 10:42 AM

Lawyers whining about mentoring | Murray Gottheil

Those of us who hang out with lawyers know that there may be some wine involved, but more often, there will just be whining. ... [read more]

Wednesday, August 17, 2022 @ 9:43 AM - Last Updated: Wednesday, September 07, 2022 @ 4:00 PM

Delay in resolving Hague Convention application ‘contravenes’ court’s obligation, judge rules

In a recent decision, the Ontario Court of Appeal has highlighted the importance of efficiency in resolving applications under the Hague Convention on the Civil Aspects of Child Abduction (Hague Convention), noting that delay “imposes hardship on the child, frustrates appellate review, and breaches our international obligations.” ... [read more]

Wednesday, August 17, 2022 @ 5:32 AM

SEPARATION AND DIVORCE - Practice and procedure - Evidence

Appeal by the wife from a pre-trial order permitting refinancing of property and dealing with disclosure, the trial judgment and the desk divorce judgment. Cross-appeal by the husband from the child and spousal support award. The parties were married in 2003, had one child in 2004, and separated in 2016. The wife commenced the action in 2016. The trial commenced in 2020 in the wife’s absence. She experienced medical issues due to stress. ... [read more]

Monday, August 15, 2022 @ 11:43 AM

Incivility: Understanding, using anger | Ryan Wozniak

Countless articles have been written about the importance of civility in the practice of law. A seemingly comparable amount of copy has been published bemoaning the lack of civility among lawyers. ... [read more]