Family
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September 30, 2024
CUSTODY, PARENTING, AND ACCESS - Considerations - Child's cultural heritage
Appeal by appellant from a decision of the Alberta Court of Justice which granted to respondent guardianship of NK. NK was the biological child of the appellant. She was apprehended from her mother and was in foster care until she was placed with the respondents under a Customary Care Agreement (CCA).
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September 26, 2024
Nova Scotia appeal court takes trip to Cape Breton
Nova Scotia’s Court of Appeal has left its nest in Halifax and hit the road in a bid to make itself more accessible to the public. For its first-ever venture away from the Halifax Law Courts building, the province’s highest court will sit in the Sydney area, on Cape Breton Island, for the week of Sept. 23.
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September 26, 2024
Vote with animal welfare in mind | V. Victoria Shroff, KC
Pollsters confirm what most of us already know: “Animal welfare remains an important topic in Canada.” One need not be an animal law lawyer to agree with this statement. The welfare of animals matters, but it does not exist in a vacuum. Animal welfare is inextricably interrelated with humans and the earth.
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September 25, 2024
Federal Court expands RCMP class action to include affected family members
The Federal Court has expanded a class action against the RCMP to include family members of RCMP members and reservists allegedly subjected to systemic bullying, intimidation and harassment.
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September 25, 2024
Class action seeks compensation for alleged abuse of Indigenous students at Alberta school
A proposed Alberta class action alleges that Indigenous students at a school in Bonnyville, Alta., were subjected to frequent physical, psychological and sexual abuse from September 1966 to June 1974.
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September 25, 2024
Language in Alberta rules of court limited to dismissing ‘actions’ for long delay: Court of Appeal
Alberta’s top court has clarified how a section of the province’s rules of court dealing with long delay operates.
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September 25, 2024
Limitation period raised as defence to loan between spouses
The court’s observation in June 2021 that the litigation between T.O. and D.O. was “fast and furious … heading for a very lengthy and expensive trial” was prescient, a legal journey with four hearings in the Superior Court, and the sad death of T.O. in August 2023, culminating in a final appeal that took four hearings, with the judgment handed down on Aug. 8, 2024.
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September 25, 2024
Pursuing unjust enrichment in the Joint Family Venture context
Family assets and businesses are very often the product of the combined efforts of both members of a cohabiting relationship. This can be true whether the cohabiting spouses are legally married or not (i.e., common law).
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September 25, 2024
MAINTENANCE AND SUPPORT - Spousal support -- Calculation or attribution of income - Ability to pay - Retirement
Motion by Branko Skrak ("Branko") to stay the order to pay spousal support to Mirelica Skrak ("Mirelica") pending appeal. Branko submitted that the trial judge erred in finding Mirelica entitled to spousal support as the trial judge failed to consider his age, retirement, and ability to pay in making the support order. He alleged that making a support order of indefinite duration contradicted the "clean break" principle.
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September 24, 2024
Ontario opening of the courts ceremony emphasizes technological change, access to justice
Leaders from across Ontario’s legal community met in Toronto for the annual opening of the courts ceremony on Sept. 23, emphasizing the efforts that have been made to modernize the court system while also saying more needs to be done to tackle things such as self-represented litigants and case backlogs.