Family
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May 30, 2025
DND says it now offers independent legal advice to victims of sexual misconduct in the military
The Department of National Defence (DND) says it has expanded the services of its Sexual Misconduct Support and Resource Centre to offer “independent” and “direct” free legal assistance to those 18 years and older, who have experienced sexual misconduct in a DND or Canadian Armed Forces (CAF) “context.”
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May 30, 2025
Another 404 error: Fake case law likely generated by AI
The explosive development of generative artificial intelligence (AI) platforms such as ChatGPT means that courts are increasingly faced with the task of determining what is real. AI can be an efficient tool for litigants to research and understand the applicable legal concepts and issues in their disputes. However, the current limitations of certain AI platforms involve a danger that fictitious authorities will be created to substantiate seemingly persuasive legal arguments.
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May 30, 2025
Can a will altered by someone other than the deceased be validated?
The will validation power is a potent tool, empowering the courts to save testamentary documents that do not comply with the statutory formalities of execution applicable to wills. However, the will validation power does not place any restrictions on who can create a non-compliant instrument for the deceased — validation is not limited to instruments created or altered by the deceased or their lawyer.
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May 30, 2025
N.L. accepting grant proposals for violence prevention program
The government of Newfoundland and Labrador is inviting proposals for its 2025 Community Violence Prevention Grants Program.
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May 30, 2025
Canada might not be for sale ... but is Ontario?
Ontario Premier Doug Ford campaigned on a tough response to Trump’s bullying, but now that he has his new mandate, it sure looks to me like he is adopting the president’s authoritarian playbook. That should be no surprise, since he frequently expressed admiration for the Donald before the latter declared a trade war.
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May 28, 2025
Justice minister defends Trudeau bail reforms, but throne speech confirms new restrictions coming
The official Opposition Conservatives have renewed calls to repeal the Trudeau government’s so-called “catch and release” bail reforms, but the new Carney government is defending the changes while pledging to legislate new bail restrictions for certain crimes and repeat offenders.
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May 29, 2025
Honourable Lee Anne MacLeod-Archer retires from Supreme Court of Nova Scotia
The Honourable Lee Anne MacLeod-Archer is retiring after 11 years of service on the Supreme Court of Nova Scotia (Family Division).
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May 29, 2025
Is it a rabbit or a duck? Why lawyers must be storytellers
Every lawyer has been there. We have laid out the facts. We have cited the law. We have prepared what we believe is a clear and persuasive argument. And yet the court saw something else — something that seems, at first glance, unrecognizable.
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May 29, 2025
Judge blows the cap on retroactive child support
Not every case has such juicy facts like those in Jansen v. DiCecco, 2025 ONCJ 189, in which a father was ordered to pay $899,811 forthwith in back child support for 22 years.
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May 28, 2025
Common pitfalls in tribunal adjudication of mental health matters, part two: Potential solutions
In part one of this series, I highlighted due process and natural justice or fairness concerns identified by reviewing courts in two mental health tribunal proceedings. In a span of less than four weeks recently, decisions of Ontario’s civil mental health adjudicator, the Consent and Capacity Board, and the Criminal Code-based forensic psychiatric administrative tribunal, the Ontario Review Board, were overturned and returned to them for re-hearing in Hastick v. Banik, 2025 ONSC 3007 and Clayton (Re), respectively.