Family
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January 13, 2025
MARITAL OR FAMILY PROPERTY - Equalization or division - Conduct of parties - Contribution of parties - Duration of marriage
Appeal by appellant from order of the trial judge regarding their family law dispute. The parties were previously married and at trial, the appellant claimed equalization of net family properties, a declaration that the respondent held the matrimonial home in trust for both parties and spousal support.
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January 15, 2025
Canada prepares for migrant surge from U.S. in response to Trump’s deportation threat
Ottawa says that it is prepared for a possible surge of migrants and asylum claimants if and when incoming U.S. president Donald Trump implements his mass deportation pledge — but federal officials did not say how many people they anticipate might arrive at the Canada-U.S. border.
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January 15, 2025
A primer on post-nups — Part two
In the first of this two-part series (see below for link), we looked at the legal formalities of creating a valid post-nup, and the range of topics it can cover. In this next installment, we will cover the important question of when a post-nup can be set aside, and the specific grounds for doing so. Then we’ll offer some practical tips on how to make sure the post-nups you draft for your clients are airtight and impervious to the court’s intervention.
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January 14, 2025
Judge wrong to impose condition against ‘being in the presence’ of person under 16: Appeal Court
B.C.’s highest court has clarified a section of the Criminal Code that authorizes judicial orders to prohibit an offender having any contact with a person under the age of 16 without supervision, something that had never been judicially considered before.
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January 14, 2025
N.L. Appeal Court examines offer to settle in estate case
Trial judges must look at offers to settle put forth by litigants with “real precision” before making their findings, says a lawyer in a case involving kids fighting over their late father’s estate.
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January 14, 2025
Creative divorce solutions: Why mediation matters | Carolyn J. Lloyd
I’ve been a natural mediator from a young age, drawn to resolving disputes and fostering understanding. Early in my legal career, I was captivated by family law, not just because of its complexity but because it touched on the nuances of human behaviour and psychology. There’s something deeply fulfilling about peeling back the layers of a dispute to uncover its root causes, particularly in emotionally volatile situations.
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January 13, 2025
A primer on post-nups — Part one
Post-nup. The term is straightforward, but even seasoned family lawyers might hesitate for a moment, when distinguishing it from other kinds of domestic contracts, such as a pre-nup or a separation agreement.
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January 13, 2025
Lessons from RECO: Lot sizes and damages | Harjot Atwal
“It's not the size of the dog in the fight, it's the size of the fight in the dog.”— Mark Twain
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January 10, 2025
Federal Court grants review of Jordan’s Principle decision involving Indigenous dad and his children
Indigenous Services Canada must notify applicants making requests under Jordan’s Principle of any essential documents they must provide before it makes a decision, the Federal Court of Appeal has held, calling out ISC’s “passive approach” to procedural fairness.
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January 10, 2025
Ontario legal aid changes an important first step, Criminal Lawyers’ Association president says
The organization overseeing legal aid in Ontario has proposed a three-year increase in financial eligibility thresholds aimed at allowing more low-income people to access the justice system, a move the president of the provincial Criminal Lawyers’ Association characterized as an important first step.