Family
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March 19, 2024
Ottawa appeals declaration of constitutional requirement for timely federal judicial appointments
“Stay in your lane” — those words might encapsulate the thrust of the federal government’s message to the Federal Court in Ottawa's appeal of a recent groundbreaking judgment, which declared that the prime minister and federal justice minister are constitutionally obliged to fix the lengthy federal judicial appointment delays that have for years bedeviled litigants, lawyers and judges.
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March 18, 2024
Appeal and judicial review of a tribunal decision | Sara Blake
The Supreme Court of Canada has breathed life into an Ontario statutory provision that has been mostly ignored since it came into effect in 1972. Section 2(1) of the Judicial Review Procedure Act, R.S.O. 1990, c. J.1 (JRPA), authorizes the Divisional Court to grant relief on judicial review “despite any right of appeal.” For 40 years, Ontario courts consistently overlooked this provision, instead preferring to exercise their discretion to deny a remedy on judicial review because it regards a right of appeal to the court as an adequate alternative remedy.
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March 18, 2024
B.C. goes ‘off-leash’ to adopt a pet custody model
Who gets to keep a beloved family pet when spouses decide to split? Does it matter which of them purchased the animal, or which of them took care of it more during the relationship?
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March 15, 2024
Celebrating St. Patrick's Day responsibly: Navigating employee absences
Originally an Irish holiday, St. Patrick's Day is now a worldwide celebration. This Sunday, March 17, 2024, millions of people (including workers) will spend the day celebrating. Parades and festivities will pay homage to the patron saint of Ireland, who is also famous for his fondness for a drink.
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March 15, 2024
ChatGPT foils counsel’s application, resulting in costs award and law society investigation
In Zhang v. Chen 2024 BCSC 285 Zhang was successful in defending her husband Chen’s application for an order that the parties’ children, who lived with her in West Vancouver, be permitted to travel to China to spend time with their father. The court ruled that Chen’s application be revisited once a s. 211 parenting report was completed and that in the meantime, parenting time in British Columbia be granted in accordance with Zhang’s proposal, and that video parenting time be afforded to Chen.
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March 15, 2024
Princess Kate’s publicity, privacy and press: A balance hard to find
A mother of three, who is coping with health troubles in her early 40s, published a social card for celebrating Mother’s Day, choosing an edited picture. She wished a Happy Mother’s Day to mothers and mothers to be, but she chose to edit a few details for undisclosed reasons.
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March 14, 2024
Report highlights ‘glacial progress’ for women in the workforce
The Canadian Chamber of Commerce has released a new report titled Barely Breaking Ground: The Slow Stride of Progress for Women in Business Leadership and Entrepreneurship, finding that women still face glass ceilings in numerous sectors.
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March 14, 2024
Parental alienation cases: Challenges and realities
An increasing number of high conflict separations involve children resisting contact with a parent, cases that pose significant risks for harm to children, as well as substantial challenges for the courts, and lawyers and their clients. The National Association of Women and the Law (NAWL) advocates prohibition of the use of “parental alienation” in these cases, claiming that it is an unscientific “pseudo-concept” that causes family courts to lose sight of the child’s best interests. NAWL correctly points out that the Canadian justice system needs to do a better job of dealing with intimate partner violence.
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March 14, 2024
Equipoise — myth or reality? | AJ Jakubowska
I recently rejoined a private Facebook Group for family law lawyers, and I quickly noticed some topics are evergreen. Work/life balance is one of them. Many new and mid-range lawyers ask: is there such a thing? How do you achieve it? When is it reasonable to expect it? Many senior lawyers like me still ponder it, albeit quietly, and in some instances wonder what other fork taken along the road of our practice might have found us in a different spot today.
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March 14, 2024
DOMESTIC CONTRACTS AND SEPARATION AGREEMENTS - Consensus, lack of - Lack of independent legal advice
Appeal by appellant of trial judge’s decision ordering that August 2 Document was not valid and binding. The appellant argued that the trial judge failed to identify the proper test to determine whether compliance with formalities in s. 55(1) could be dispensed with in the circumstances of this case.