Family

  • May 24, 2024

    SCC rules on privacy limits, pre-screening of ‘other sexual activity’ evidence in sex assault cases

    The Supreme Court of Canada has cautioned reviewing courts against imposing overly expansive privacy restrictions in appeals concerning the admissibility in sexual assault trials of evidence of complainants’ “other sexual activity” while also giving guidance on the appropriate use of such evidence for context and credibility purposes.

  • May 24, 2024

    Ontario Convocation talks criminal charge disclosure, heats up over bullying, money for diversity

    A committee with Ontario’s law society is considering recommending that the regulator expand the amount of lawyer information it makes public — including if a member has been hit with criminal charges.

  • May 23, 2024

    Ottawa proposes Citizenship Act reforms that create new framework for ‘citizenship by descent’

    Ottawa has proposed an overhaul of the federal Citizenship Act, which the minority Liberal government says includes a new framework for “citizenship by descent,” going forward, that would allow persons born abroad to Canadians beyond the first generation to access Canadian citizenship based on a “substantial connection” to Canada.

  • May 22, 2024

    Family law myths and reality | Ken Nathens

    As a seasoned family lawyer, I have seen just about every possible fact, scenario and legal argument that relates to family law parenting, support and property issues. Below, in no particular order, and on a purely subjective basis grounded in 30 years of experience, I give to you the top six myths of family law in Ontario accompanied by the realities.

  • May 22, 2024

    Expert panel recommends 15 per cent salary hike for Quebec provincial court judges

    A judicial compensation committee has recommended handing a substantial salary increase to the provincial judiciary to bridge the gap with their federal counterparts and maintain the Court of Quebec’s drawing power, a welcome development that will unlikely to be challenged by the government, according to a pundit.

  • May 22, 2024

    The argument against new tort of family violence | Gary Joseph

    On May 16, the Supreme Court of Canada granted leave to appeal the July 2023 decision of the Court of Appeal of Ontario in the matter of Ahluwalia v. Ahluwalia, 2023 ONCA 476. You will recall that at trial (Ahluwalia v. Ahluwalia, 2022 ONSC 1303), the court awarded $100,000 in compensatory and aggravated damages for the new tort (created by the court in this case) of family violence. The appeal court allowed the appeal in part, reduced the damages award and refused to recognize the new tort.

  • May 17, 2024

    Manitoba hands Indigenous child welfare over to First Nations

    In what is being called a “historic” move, Manitoba’s government is handing over child welfare services for Indigenous kids to First Nations leaders. According to a recent news release, Manitoba has “signed a historic relationship declaration committing to the transfer of jurisdiction over child welfare to First Nations” governments in the province.

  • May 17, 2024

    Things to consider when negotiating time off with kids

    For many divorced or divorcing couples, having children off from school during summer vacation requires a lot of planning and negotiation. It can be a cause of stress and conflict. Are the kids going to camp? Are they old enough to be working? Do they need to be registered for day camps or other activities? How much money needs to be allocated to cover expenses?

  • May 17, 2024

    Work-life balance for the modern lawyer | Jacob Murad

    There are many self-help articles and books for every profession to assist with work-life balance, a trait that has never been more essential to service professionals like lawyers. In today’s smartphone society emails are treated more like instant messages, requiring immediate responses than the letters of old. In addition, the computer is always on your person, whether driving, at home or at work; while this allows for remote capabilities, it becomes much harder to “switch off.”  

  • May 17, 2024

    Artificial intelligence, legal profession, irrefutable function of reason | Natalia Bialkowska

    To paraphrase Einstein, mankind invented artificial intelligence, but no mouse would ever construct a mousetrap for its own intellect. Admittedly limited in the use of its own potential, human brains offer a unique function of reason, something accepted in the ever-evolving world of philosophy since the first draft of Aristotle’s Nicomachean Ethics.