Family
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April 05, 2024
Family violence takes centre stage in mother’s successful appeal
With the introduction of family violence provisions in British Columbia’s Family Law Act in 2013 and the recent amendments to the Divorce Act, domestic violence is no longer a taboo subject in family law proceedings, no longer swept under the rug and ignored in favour of a focus on financial issues.
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April 05, 2024
MARITAL OR FAMILY PROPERTY — Equalization or division — Conduct of parties — Generation of debt — Financial disclosure
Appeal by wife from a portion of trial judge's order requiring her to make equalization payment to husband. The wife argued that the trial judge erred in ordering an equalization payment in favour of the husband in the uncontested trial, where the husband made no financial disclosure at any point in the proceedings, and never made a request for equalization.
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April 05, 2024
Jewish community challenges Ottawa’s ‘grotesque’ decision to resume funding UNRWA’s aid in Gaza
Jewish Canadians have asked the Federal Court to quash Ottawa’s decision last month to reinstate funding to UNRWA, the largest humanitarian relief agency in the Gaza Strip, alleging that the federal government’s “unreasonable” decision “flies in the face of Canada’s own anti-terrorism provisions” and “Canadian values” in light of UNRWA’s track record of anti-Jewish and anti-Israel activities and evidence that some UNRWA workers took part in the Hamas-led terror attacks in Israel last October.
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April 05, 2024
P.E.I. increases legal aid eligibility thresholds
In a bid to boost access to justice for struggling residents, Prince Edward Island is raising its thresholds for legal aid eligibility. On March 28, P.E.I.’s government announced that the annual income thresholds would increase to match “market basket measure” (MBM), a move it hopes will “more fairly represent the economic landscape and improve access to justice across the Island.”
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April 05, 2024
For lawyers: Safeguarding reputation using AI
For something different, we’ll start with a little divorce humour:
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April 04, 2024
Five judges appointed to Ontario Court of Justice
A provincial bulletin announced the appointment of five new judges to the Ontario Court of Justice, effective April 11, 2024.
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April 04, 2024
More guidance to counsel | Gary Joseph
A short while ago, I wrote and reflected on recent comments by Justice Charles Chang (in the case of China Yantia Friction v. Novalex Inc., 2024 ONSC 608) relating to the conduct of counsel in court. I described it as a must-read. Well, don’t you know, here I am again, a few weeks later telling you of another case and describing it as a must-read. Again, it relates to warnings and cautions to counsel in a high-conflict family law matter.
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April 02, 2024
Ottawa offers departure aid from Haiti and airlifts for Canadians, permanent residents and family
Global Affairs Canada says it is expanding its “assisted departure operation,” including airlifts, to help evacuate Canadians, permanent residents of Canada and their family members stuck in Haiti, where the Port-au-Prince airport remains closed due to political turmoil and gang violence.
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April 02, 2024
CUSTODY, PARENTING AND ACCESS — Enforcement of orders
Appeal by Children's Aid Society of Toronto ("Society") from dismissal of its appeal from an order of Ontario Court of Justice (OCJ) judge. The Society argued that the OCJ judge did not have jurisdiction to make the order that she did. There were three children involved who were removed by the Society.
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March 28, 2024
Supreme Court of Canada rules Charter applies to First Nation government and its citizens
The Supreme Court of Canada has ruled 6-1 that the Charter applies to a First Nation government and its citizens in Yukon, as well as ruling 4-3 that the Charter’s s. 25 shields from a community member’s s. 15 equality rights challenge the self-governing Vuntut Gwitchin’s constitutional requirement that its elected leadership must live on the First Nation's traditional territory.