Family
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August 01, 2024
Gen X driving divorce numbers amid rising marital splits
Fallout from the pandemic continues to impact relationships.
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July 31, 2024
AMPs for securities fraud can be debts released by bankruptcy discharge: SCC
Settling conflicting appellate case law over whether the exemption in s. 178(1)(e) of the federal Bankruptcy and Insolvency Act enables administrative money penalties (AMPs) and disgorgement orders imposed by a provincial securities regulator to survive a bankruptcy discharge, the Supreme Court of Canada ruled 5-2 that $13.5 million in AMPs imposed by the BC Securities Commission on two undischarged bankrupts for fraudulent securities activity is a debt that can be released by a future discharge in bankruptcy. But it ruled unanimously in addition that approximately $5.6 million in related disgorgement orders would survive any discharge from bankruptcy the pair might obtain in future.
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July 31, 2024
Attention Premier Ford: Call me | Norman Douglas
Dear Premier Ford: I think your heart is in the right place. I think maybe your head is not. Who is giving you their advice on the judicial system? I’m guessing it doesn’t include any judges or justices of the peace. What “you are hearing on the street” must be the voices of folks who read headlines and have never sat through one day in an Ontario courtroom.
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July 30, 2024
Counsel contend Ottawa’s spate of judicial appointments might make novel constitutional appeal moot
Lawyers who won a groundbreaking Federal Court declaration that recognized a “constitutional convention that judicial vacancies on the provincial superior courts and federal courts must be filled within a reasonable time” contend Ottawa’s appeal should be dismissed as moot if the Trudeau government gets federal judicial vacancies down to the reasonable level set by Federal Court Justice Henry Brown last February.
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July 30, 2024
Fundamental legal rights of adults living with disabilities
The case of J.F.R. v. K.L.L., 2024 ONCA 520 involves issues related to family law and health law. In this case, the Court of Appeal (the court) was tasked with determining a parenting schedule for an adult living with disabilities who was living under his parents’ charge pursuant to the Divorce Act (the Act).
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July 30, 2024
Beneficiary attempts to prove lost will based on copy
The Superior Court of Justice for Ontario was recently asked to determine whether a copy of a testamentary document is able to meet the requirements for proving a lost will.
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July 29, 2024
5 Ontario judicial appointments announced
Minister of Justice and Attorney General of Canada Arif Virani announced in a July 24 news release the appointment of five judicial appointees in Ontario: Renee M. Pomerance, E. Ria Tzimas, Michelle Flaherty, Brian DeLorenzi and Jacqueline A. Horvat.
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July 26, 2024
SCC’s 9-0 judgment on interpreting historic treaties a big win for First Nations, their counsel say
Live up to the honour of the Crown and its “sacred” treaty promises — or the courts will step in. That might sum up the message from the Supreme Court of Canada to the defendant governments of Ontario and Canada in a multi-billion-dollar lawsuit by Anishinaabe First Nations, who ceded by treaty 174 years ago a huge swath of their traditional Northern Ontario territories only to have successive federal and provincial governments “dishonourably” flout that treaty by barely compensating the cash-strapped Indigenous communities while the Crown and big business reaped billions over the decades from the mineral, timber and other resources of the ceded lands.
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July 26, 2024
‘Stop tinkering at the edges’ of outdated B.C. child and youth welfare system, report says
The B.C. government is pledging to take action after the release of a scathing report that called for systemic change to its child and youth welfare system.
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July 26, 2024
Judicial appointment announced for Newfoundland and Labrador
Minister of Justice and Attorney General of Canada Arif Virani announced the appointment of Trina D. Simms as a judge of the Supreme Court of Newfoundland and Labrador in St. John’s, according to a July 24 news release.