Family
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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.
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March 13, 2024
Family law disputes are between clients, not counsel | Gary Joseph
The recent case of China Yantia Friction v. Novalex Inc., 2024 ONSC 608, is must reading for all counsel who appear in our courts. Justice Charles Chang of the Superior Court of Justice heard this matter in person on Jan. 9, 2024 and released his decision on Jan. 26, 2024.
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March 13, 2024
B.C. strengthens information-sharing protections in child welfare legislation after court decision
The B.C. government has introduced a bill to safeguard personal privacy in its child welfare legislation, a move which comes nearly a year after the province’s top court struck down part of it as unconstitutional.
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March 12, 2024
More jails? | Norman Douglas
There are more than 60 retired Ontario Court judges on our private chat line. Most of us are wiser than when we were appointed. We have over a thousand years of hands-on experience in crime and punishment.
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March 12, 2024
Nova Scotia funding local groups in fighting gender-based violence
Nova Scotia is using its participation in a national gender violence action plan to fund more than a dozen front-line organizations in the province.
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March 12, 2024
Ending parental alienation accusations in court to protect children’s rights | Suzanne Zaccour
In January, a coalition led by the National Association of Women and the Law (NAWL) and composed of over 250 women’s rights and feminist organizations launched a campaign asking for a ban on parental alienation accusations. While we await legislative action by federal and provincial governments, lawyers and judges must do their part by refusing to put forward and entertain such claims.
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March 12, 2024
Embracing the ‘Week of Rest’: Surge in vacations among Canadian workers
As we settle into what's now affectionately known as the “Week of Rest,” Canadian businesses can expect to see a significant uptick in vacation requests.
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March 11, 2024
Federal ombud aims to drive ‘urgent reforms’ to justice system’s treatment of sex assault survivors
Asserting that the criminal justice system has “normalized” its infliction of pain on sexual assault survivors, the federal ombudsperson for crime victims says his office’s new systemic investigation of their experiences aims to make recommendations “to integrate a trauma-informed and victim-centred approach in the criminal justice system.”