Current Issue


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November 13, 2017
  • OCA rules on Islamic marriage contract

    The Court of Appeal has determined that part of an Islamic marriage contract was part of net family property under the Ontario Family Law Act. The appeal in Bakhshi v. Hosseinzadeh concerned whether property conveyed under an Islamic marriage contract — or Maher — should be excluded from net family property, which is the monetary value of parties’ net worth that is equalized between spouses when they separate.
  • OCA lifts roadblock for Chevron case

    The Court of Appeal has set aside an order that could have ended a group of Ecuadorian plaintiffs’ attempts to enforce a US$9.5-million judgment against Chevron in Ontario. In October, a judge ordered the plaintiffs to post more than $900,000 as security for costs of the proceeding, as they had failed to show their claim had a good chance of success.
  • Statement of principles challenged in court

    As the Law Society of Upper Canada’s statement of principles is set to face renewed scrutiny at Convocation and in the courts, organizations representing racialized lawyers are questioning why the issue has been reopened in the first place.

Commentary


  • n/a

    Time for dedicated internet libel legislation

    It is often said that you can’t fit a square peg in a round hole. However, it certainly hasn’t stopped the Ontario courts from giving it a try in attempting to apply Ontario’s antiquated Libel and Slander Act to defamatory publications on the internet.
  • Gabrielle Giroday

    Words versus actions

    In any working relationship, broken trust is hard to repair. Law Times reports that lawyers who work with indigenous groups say provisions in federal Bill C-58 would force access requesters to have specifics in terms of subject matter, time frames and types of records and will have a detrimental impact on these groups’ ability to do needed research for land claims.

Focus On


  • Ontario court finds disability claim was time-barred

    Ontario lawmakers should force insurers to notify claimants of the limitation period to challenge denials after the province’s appeal court ruled companies that fail to provide such a warning do not breach their duty of good faith to customers, according to a Kitchener, Ont. personal injury lawyer.
  • Will expansion become a reality?

    A proposal for increasing the number of Unified Family Courts in Ontario has emerged from the Ministry of the Attorney General. After decades of lobbying, members of the family law bar are hoping this two-stage plan will graduate from intention to implementation.
  • Equal shared parenting’s latest push

    The 2014 defeat of a private member’s bill establishing equal shared parenting as the default position in custody disputes is not deterring advocates from commencing another attempt, setting the scene for a battle between those who support a rebuttable presumption of equal parenting time and those who believe a blanket presumption to be ill advised.
  • New way to hear voice of child

    A new study has found a way to circumvent the costs and labour intensity of reports from the Office of the Children’s Lawyer while still ensuring that a child’s voice is heard in custody and access matters. The use of non-evaluated reports, which simply outline the child’s wishes, has been found to lead to faster, earlier settlements in many cases.

Inside Story


Cartoon


  • Nov 13, 2017

    Editorial Cartoon: November 13, 2017

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