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Thursday, November 29, 2018 @ 9:40 AM

MPs urged to enact ‘equal shared parenting’ in Bill C-78 but organized family law bar tells Ottawa to stay the course Melanie Del Rizzo

Dozens of family law practitioners, academics and legal organizations are advising the Commons Justice Committee on how to improve the Liberal government’s proposed divorce overhaul (Bill C-78), but there is sharp disagreement on some points, especially about the wisdom of Ottawa’s choice not to create the “equal shared parenting” presumption sought for decades by advocates for fathers’ rights. ... [read more]

Wednesday, November 28, 2018 @ 12:53 PM - Last Updated: Wednesday, November 28, 2018 @ 3:21 PM

Pro Bono Ontario receives funding from feds; director doesn’t expect province to follow suit Myriam Seers sm

The fight to keep Pro Bono Ontario’s (PBO) Law Help Centres open has been backed by the federal Department of Justice through a one-time contribution of $250,000, securing the centres through 2019. ... [read more]

Wednesday, November 28, 2018 @ 11:47 AM

Former Lakehead law dean’s legal battle a lesson on reconciliation, lawyers say Angelique EagleWoman sm

Former law dean Angelique EagleWoman’s decision to sue Lakehead University for constructive dismissal and racial discrimination is a fight indicative of how Indigenous people are treated by Canadian institutions, her legal counsel said. “I think that people in the legal community should pay very close attention to it because how it unfolds will say a lot about the commitment of the broader legal community to Indigenous peoples in Canada,” said Paul Champ, of Champ & Associates and one of EagleWoman’s lawyers. ... [read more]

Wednesday, November 28, 2018 @ 9:28 AM - Last Updated: Tuesday, December 11, 2018 @ 1:15 PM

Delay paralegal changes until more consultation held: CBA

The B.C. legislature is considering legislation to allow the provincial law society to give more powers to paralegals, but the Canadian Bar Association, B.C. Branch (CBABC) is asking the government to delay the move, saying it requires more study and may have significant consequences on the practice of family law in the province. ... [read more]

Tuesday, November 27, 2018 @ 12:01 PM

‘Hybrid approach’ a ‘muddled’ road to deciding child’s habitual residence: law professor Rollie_Thompson_sm

A recent Nova Scotia appeal decision reflects the “controversial” legal movement toward the “hybrid approach” when deciding the habitual residence of a child wrongfully removed or kept by a parent following a separation, says a scholar. ... [read more]

Tuesday, November 27, 2018 @ 9:24 AM

B.C. launches consultation, tipline on money laundering Jonathan Reilly

The government of British Columbia is continuing its crackdown on money laundering in the province’s gaming and real estate sectors, but a lawyer is saying issues with dirty money lie outside B.C.’s hot housing market. The province’s expert panel in money laundering is holding a public consultation on how to protect the province’s real estate sector from being infiltrated by criminal elements. ... [read more]

Monday, November 26, 2018 @ 9:49 AM

Too early to tell effectiveness of Canada’s anti-tax avoidance measures, says lawyer David Rofleisch, taxpage.com

The federal government is trumpeting its progress in combating tax avoidance, but a tax lawyer is saying the moves are in their infancy and the evidence is not there yet to suggest they are working. The Department of National Revenue said better tools and approaches in compliance activities are helping the government get more data to combat people who may not be paying their proper level of tax. ... [read more]

Monday, November 26, 2018 @ 9:28 AM

Some Canadian lawyers expect U.S. government to get with times, legalize marijuana nationwide Guidy Mamann

On Dec. 6, anyone will be able to smoke recreational pot legally in Detroit after Michigan voters approved a measure to legalize recreational marijuana as part of the midterm elections earlier this month. However, transporting cannabis from Windsor, Ont., across the Canada-United States border remains off the table until marijuana is legalized at the federal level in the U.S. ... [read more]

Friday, November 23, 2018 @ 12:45 PM

Auto insurance changes ‘Christmas list’ for industry: B.C. trial lawyers John Rice, TLABC secretary/treasurer

British Columbia’s decision to classify psychiatric issues and mild concussions as minor under new automobile insurance regulations is being called troubling by members of the B.C. bar, adding that recent changes at the provincially owned insurance provider are reducing individuals’ chances to have their issues properly addressed. ... [read more]

Friday, November 23, 2018 @ 11:39 AM - Last Updated: Friday, November 23, 2018 @ 5:54 PM

SCC sheds light on unjust enrichment, constructive trust in case involving 2 wives, 1 insurance policy Justice Suzanne Côté

The Supreme Court has overturned the Ontario Court of Appeal to allow 7-2 the unjust enrichment claim of a first wife who saw the proceeds of her late husband’s $250,000 life insurance policy go to his second spouse, even though the first wife paid the policy premiums for 13 years on the understanding she would collect. ... [read more]