family law

  • 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.

cover image


Subscribers get early and easy access to Law Times.

Law Times Poll

An Ontario judge has ruled he has jurisdiction to review decisions by student unions at three post-secondary institutions that denied official status to other student groups. Do you agree with this finding?