Family
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December 20, 2024
SCC clarifies scope of Quebec youth court’s power to remedy ‘encroachments’ on children’s rights
The Supreme Court of Canada has ruled 9-0 that the statutory power of Quebec’s youth court to order help for a “child in difficulty” whose rights have been “encroached” upon only authorizes corrective measures that relate directly to the particular child’s situation.
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December 20, 2024
Nova Scotia court certifies class action against Northwood care facilities over COVID-19 deaths
The Nova Scotia Supreme Court has certified a class action against Northwood Group concerning allegations that the Halifax-area elder care provider’s failure to adhere to existing protocols to prevent infections in the first wave of the COVID-19 pandemic led to the deaths of 53 residents at its facilities.
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December 20, 2024
Child protection - Government departments or agencies - Legislation - Interpretation - Statutes - Courts - Statutory authority
Appeal by Appellant from a judgment of the Quebec Court of Appeal which set aside in part a decision of the Superior Court of Quebec. The Youth Division of the Court of Québec (Tribunal) issued an order that X be placed in a rehabilitation centre because her security and development were in danger.
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December 19, 2024
New judge appointed to Newfoundland and Labrador’s Supreme Court
Arif Virani, Minister of Justice and Attorney General of Canada, today announced that Justin S.C. Mellor has been appointed judge of the Supreme Court of Newfoundland and Labrador, General Division, in St. John’s.
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December 19, 2024
Federal Court of Appeal orders reconsideration of maternity leave discrimination complaint
The Federal Court of Appeal has ordered reconsideration of an unjust dismissal complaint by an employee who was laid off after returning from maternity leave, finding that the adjudicator had not addressed key issues raised by the employee.
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December 19, 2024
Expert custody report misses the mark and is rejected by trial judge
In yet another highly acrimonious family law trial, C.K.C. v. P.R.C., 2024 BCSC 279, the court was asked to address multiple issues including parenting time, child support, the division of property and excluded property, all in the context of a highly unusual case, where the self-represented father announced to the court on day three of a seven-day trial that he was “done” and “resigning,” and would not be participating any further in the trial.
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December 18, 2024
The crime of domestic violence | Michael Cochrane
In two previous columns I examined the staggering amount of money taxpayers shell out to deal with the consequences of domestic violence and the potential “be careful what you wish for” impact on family law proceedings of a new tort of family violence. In this column I take a look at the proposed changes to the Criminal Code with the criminalization of coercive control of an intimate partner. This new crime is being advanced in Bill C-332 and as of this writing is before the Senate for second reading.
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December 17, 2024
New sanctions target Venezuela’s top judge and justice officials complicit in ‘fraudulent’ election
Venezuela's top judge, a prosecutor and two other judges are among five Venezuelan justice officials targeted by Canadian sanctions for what Ottawa says was their undermining of democracy and participating in “the fraudulent declaration of Nicolás Maduro as the winner” of Venezuela’s presidential election last July.
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December 17, 2024
Self-represented litigant abandons trial only to seek remedy from appeal court
The British Columbia Court of Appeal delivered reasons in P.R.C. v. C.K.C., 2024 BCCA 363, a high-conflict case, where the self-represented husband abandoned the trial on day three, only to file an appeal of the financial orders on the grounds of procedural unfairness.
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December 17, 2024
Vavilov at five | Sara Blake
Five years ago, on Dec. 19, 2019, the Supreme Court of Canada, in Canada (Minister of Citizenship and Immigration) v. Vavilov, 2019 SCC 65, re-set the standard of review for questions of statutory interpretation. In that case, and two others decided in the same week, the court demonstrated how the new standard of review is to be applied.