Family
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July 09, 2024
Legal scholar ‘would be surprised’ if Ontario ruling on parenting orders not followed elsewhere
Ontario’s top court has ruled a judge was wrong to issue a parenting order under the Divorce Act for a 26-year-old man with Down syndrome because he did not participate in the hearing.
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July 09, 2024
The problems of dying intestate with minor children
A person who dies “intestate” is one who dies without leaving a valid will. A valid will provides for who should administer the estate, who should benefit from the estate and the terms on which the beneficiaries inherit. If you die without a will in place, your estate will be governed by intestacy laws, which may not reflect your wishes.
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July 08, 2024
National dental care program opened to claim-by-claim providers in bid to expand participation
In a bid to sign on more oral health professionals for its nascent Canadian Dental Care Plan (CDCP), the federal government has announced that dentists, dental hygienists, denturists and dental specialists may now participate on a claim-by-claim basis.
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July 08, 2024
Manitoba regulator running mental wellness challenge for lawyers
The new president of Manitoba’s law society is hoping an ongoing “wellness challenge” for lawyers will put them on the path to minding their mental health while at work. The Law Society of Manitoba’s (LSM) Wellness Challenge 2024, the first of its kind by the regulator, is a voluntary project where participants engage in various wellness activities over an eight-week period. The activities, grouped into two-week slots, began June 17 and will run through to Aug. 9.
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July 08, 2024
Recent immigration decision shows importance of international obligations
In Setirekli v. Canada (Public Safety and Emergency Preparedness), 2024 FC 615, the Federal Court provides guidance on the practical implications of Canada’s international obligations in an immigration decision-making context. In this article, we will take a closer look at the Federal Court’s analysis in this regard and outline some key takeaways for immigration practitioners and decision-makers.
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July 05, 2024
Trial judge’s comments lead to new trial for couple convicted of murdering four-year-old son
A Toronto couple convicted of murdering their four-year-old son has been granted a new trial after Ontario’s top court found that the actions of a trial judge who repeatedly urged the defendants to plead guilty to the lesser charge of second degree murder created a reasonable apprehension of bias.
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July 05, 2024
SCC-bound case challenges refusal to publicly disclose court records revealing civil case delays
Does the principle of judicial independence enable judicial leaders to veto, in their absolute discretion, the public release of court records that reveal the extent of civil trial delays in the courts they administer? Absent transparency about courts’ operational performance, is the judicial branch of government sufficiently accountable to the public for its role in managing the courts?
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July 05, 2024
When a wedding is not a legal marriage
In a decision by the Ontario Superior Court of Justice, the case of Anthony v. Oqunbiyi, 2023 ONSC 861, sheds light on the complexities surrounding the validity of marriages under Ontario law, particularly when religious ceremonies conflict with legal requirements.
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July 05, 2024
Legal aid certificates in Alberta will end July 9 unless new agreement is reached
Alarm bells are being raised across Alberta’s justice sector about the potential stoppage of legal aid services in the province.
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July 04, 2024
A primer on family mediation, part two
Historically, people in marital or common law relationships who decide to permanently separate would usually consult a family law lawyer for advice and recommendations on how to proceed. As a result of the change in the Divorce Act, since 2019, among the bar, there has been an increasing resort to mediation as a method of resolving family law conflicts.