family law

  • Child support extending to reflect adults at home

    Child support extending to reflect adults at home

    Nov 6, 2017

    The growing trend of young adults living in the family home is generating a demand for child support that flows on past childhood into adulthood. With perpetual students and adults with disabilities joining the ranks of young adults who do not live independently, parental responsibilities are continually extending.

  • Estates in joint names opens up problems

    Estates in joint names opens up problems

    Oct 23, 2017

    An increasing number of estates are being put into joint names, in many cases as a means of avoiding probate taxes. Unfortunately, this can also mean that those estates become vulnerable, and the assets can be taken advantage of by the joint holder.

  • Lawyers can help stop abuse of power of attorney

    Lawyers can help stop abuse of power of attorney

    Oct 23, 2017

    Cases of elder abuse resulting in criminal charges have proven to be rare, and lawyers say that it’s frustrating when police don’t take matters seriously.

  • Issues highlighted with long-term care

    Issues highlighted with long-term care

    Oct 23, 2017

    The murders of eight residents in nursing homes in Southwestern Ontario by nurse Elizabeth Wettlaufer has prompted the Ontario government to launch an inquiry into the safety and security of residents in the long-term care homes system.

  • Indian Act ‘paternalistic’ on will-making

    Indian Act ‘paternalistic’ on will-making

    Oct 23, 2017

    While most Canadians are free to dispose of property in a will, that right is circumscribed for those indigenous Canadians subject to the Indian Act who live on reserves. Lawyers say the impact of this can be problematic, but in some cases, it may actually prove more beneficial than being subject to a provincial regime.

  • Broken system needs an overhaul

    Oct 2, 2017

    Bringing paralegals into a broken court system is not the solution to providing efficient, cost-effective access to the legal system. The court system is complicated and arduous.

  • OCA rules on amicus rates

    OCA rules on amicus rates

    Sep 25, 2017

    In a case that could eventually have implications for whether amicus curiae can be appointed in family law matters, the Ontario Court of Appeal has ruled that the attorney general is not obligated to negotiate payment for amicus above legal aid rates. In Morwald-Benevides v. Benevides, the attorney general appealed the appointment of amici in a family law matter involving a “toxic” custody dispute.

  • Contingency caution

    Sep 25, 2017

    Controversy over contingency fees isn’t new. However, a ruling this week in the family law realm has important takeaways. In Jackson v. Stephen Durbin and Associates, Ontario Superior Court Justice Thomas Lofchik ordered a Toronto law firm to refund a $72,000 premium it charged to a family litigant for the favourable result achieved at trial in a custody battle.

  • Consider research when it comes to polyamory

    Sep 18, 2017

    This July, in R. v Blackmore, 2017 BCSC 1288, a Canadian court rendered the country’s first polygamy convictions in more than a century. There can be little doubt that convictions rendered against breakaway FLDS Mormon polygamists Winston Blackmore and James Oler were a correct application of the current law, laid out in s. 293 of the Criminal Code of Canada.

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