Focus On


  • Calls to change legislation to stop predatory marriages
    Dagmara Wozniak says there is a need to change Ontario’s legislation to be more in line with other provinces where marriage no longer revokes a will.

    Calls to change legislation to stop predatory marriages

    Seniors and other vulnerable people need to be protected from predators seeking access to their estate through marriage, say family and estates lawyers.

  • New divorce act holds beneficial changes
    Nathalie Boutet says she’s encouraged by changes in the federal Divorce Act.

    New divorce act holds beneficial changes

    A modernization of Canada’s Divorce Act intended to make the family justice system more efficient and effective could significantly impact some families during the divorce process, say lawyers.

  • Decision addresses support obligations
    Ron Shulman says a child’s 18th birthday doesn’t necessarily mark the exact time when they are meant to suddenly become financially independent from their parents.

    Decision addresses support obligations

    A recent Ontario Superior Court of Justice decision serves as a reminder to lawyers that there are no hard and fast rules laying out when support for a child should end.

  • Platonic friends can adopt a child together
    Katherine Cooligan says the accepted test is that an adoption should proceed if it is in the best interests of the child.

    Platonic friends can adopt a child together

    The Ontario Superior Court has recently sided with two friends seeking to adopt a child together, finding governing legislation restricting their joint adoption application to be unconstitutional.

  • Decision highlights how spouse is defined
    Justin Necpal says he thinks the Superior Court of Justice was correct to quash the decision of an arbitrator, after a woman sought benefits through her male partner’s policy.

    Decision highlights how spouse is defined

    The definition of spouse may have evolved and expanded in the family law context, but that does not affect how it should be interpreted in the Insurance Act, an Ontario Superior Court of Justice judge has concluded.

  • Confusion about municipal obligations emerges
    James Tausendfreund says advising municipalities on how to apply a recent pair of Ontario Court of Appeal rulings is challenging.

    Confusion about municipal obligations emerges

    Two decisions of the Court of Appeal released earlier this fall on the same day appear to be causing confusion about the extent of the legal obligations of municipalities to reduce the risk of automobile accidents at intersections.

  • Case on policy non-renewal headed for SCC
    Eric Grossman says if the context behind any non-renewal dispute is ignored, it could result in an unfair obligation for insurers.

    Case on policy non-renewal headed for SCC

    A dispute over the financial consequences for an automobile insurer that provides ineffective notice of non-renewal of a policy may be headed to the Supreme Court of Canada.

  • Rule useful for obtaining expert reports faster
    Olivier Guillaume says a procedural rule contained in the Rules of Civil Procedure is a beneficial tool to address the timelines around expert reports.

    Rule useful for obtaining expert reports faster

    A rarely invoked procedural rule should be used more often to address the issue of late service of expert reports in civil litigation, said an Ontario Superior Court judge in a recent ruling.

  • Ontario case may weaken polluter pays principle
    Clifford Cole says a recent case that came before the Ontario Divisional Court ‘goes very much to the heart of the environmental regime here in Ontario.’

    Ontario case may weaken polluter pays principle

    A recent Ontario court decision testing the province’s Environmental Protection Act could have consequences for the polluter pays principle, lawyers say.

  • Trade agreement has new environmental rules
    Janet Bobechko says issues such as protection of the ozone layer, marine environment and ship pollution, fishing issues, air quality and marine litter are all contained in the USMCA.

    Trade agreement has new environmental rules

    The conclusion of the renewed NAFTA agreement, renamed the United States-Mexico-Canada Agreement, contains new environmental provisions that have enforceable guidelines around water and air quality that the original agreement did not.

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