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Thursday, May 11, 2017 @ 01:17 PM

CBA unveils children's rights toolkit for legal professionals

The Canadian Bar Association on May 11 introduced a free, comprehensive new tool to address an inherent knowledge gap on children’s rights in Canada. ... [read more]

Thursday, May 11, 2017 @ 12:55 PM

Motion on expanding paralegal scope of practice tabled at LSUC meeting Michael Lesage

A motion regarding paralegals expanding their scope of practice into family law raised heated debate, and was eventually tabled, effectively adjourning the discussion for now, at the Law Society of Upper Canada’s annual general meeting on May 10. ... [read more]

Thursday, May 11, 2017 @ 08:40 AM

Horowitz v. Nightingale: the end of secondary arbitration?

Lawyers, mediators and judges often include in their family law settlements or orders a term that issues regarding the interpretation, implementation, or future variation of the settlements or orders shall be determined through mediation/arbitration with a mediator/arbitrator to be agreed upon by the parties. This can be an effective mechanism to resolve issues that arise subsequent to the settlement or order. However, a recent decision by the Ontario Superior Court has thrown into doubt the viability of this process. ... [read more]

Wednesday, May 10, 2017 @ 06:08 AM

Novel appeal court ruling restores insurance protection for support

To the relief of family law lawyers, the Ontario Court of Appeal has restored the efficacy of a life insurance clause typically used to secure child and spousal support for hundreds of thousands of recipients in the province. Importantly, however, the appeal court is being asked by counsel to clarify that its judgment restores the effect of such clauses in separation agreements, and not just in court orders. ... [read more]

Tuesday, May 09, 2017 @ 08:59 AM

Saskatchewan, law society to study feasibility of non-lawyers providing legal services Gerald Tegart

The government of Saskatchewan announced last week the creation of a team that will examine the possibility of having non-lawyers provide legal services. ... [read more]

Monday, May 08, 2017 @ 02:39 PM

Robing ceremony for N.S. judge set for May 12

Rickola Brinton, one of four judges appointed in March to the provincial and family courts of Nova Scotia, will have her robing ceremony on May 12 in Halifax. ... [read more]

Monday, May 08, 2017 @ 07:19 AM

Access to Justice: Public engagement vital for improving access to civil, family justice | Thomas Cromwell

Lawyers understand that an effective civil and family justice system is a key component of civil society. We know that the security of property, of commercial transactions, of intellectual property and even the safety and well-being of children and families depend on our civil and family laws enforceable, when necessary, with the help of independent lawyers before independent judges. ... [read more]

Thursday, May 04, 2017 @ 08:35 AM

Perpetual students: child support beyond the first degree

A parent is not required to support an adult child past the point at which the child demonstrates an ability to profit from continued education (Carmichael v. Kiggins, 2010 ABQB 78). The courts’ past reluctance to extend support beyond a child’s first degree has shifted in recent years. Courts have increasingly found that a child pursuing multiple post-secondary degrees is entitled to support. This is due, at least in part, to the fact that many children require something beyond a bachelor’s degree to obtain sustainable employment beyond working at Starbucks. ... [read more]

Tuesday, May 02, 2017 @ 06:59 AM

CUSTODY AND ACCESS - Offences and penalties - Child abduction - Hague Convention

Appeal by the mother from an order requiring her to return the parties’ five-year-old daughter to Croatia. The parties lived in Croatia. The child was born in 2011. A Croatian court made a temporary parenting order in October 2012, entrusting the mother with the child’s care, and acknowledging that the father had a right to meetings and visits. The Court subsequently recognized that, while the mother was the most important figure in the child’s life, she had been unjustifiably preventing the father from having direct contact with the child. The father’s access times were set out in a court order with which the mother did not comply. The mother was warned by child welfare authorities that she faced protection proceedings if she did not provide the father with proper access. She instead left for Canada. She claimed she did so on the advice of a lawyer who said that it was her right to do so. The father claimed he learned of the move in a postcard the mother sent from the airport in April 2014. The mother had since worked in a bakery under a temporary foreign worker permit. In allowing the father’s application for the return of the child, the Chambers judge found that the child’s habitual residence was Croatia, that the mother breached the father’s custody rights by bringing the child to Canada, that the father had been exercising those rights when the mother left with the child for Canada, and that the child was not settled in Canada because her immigration status, as well as the status of the mother, was uncertain. ... [read more]

Monday, May 01, 2017 @ 04:05 PM

Paralegals mark 10-year anniversary of regulation by LSUC Cathy Corsetti

In the past decade, paralegals have gone from being a little known profession to one that has become, since the release of the Bonkalo report, a hot button topic of discussion in the legal community. ... [read more]