Family
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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.
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September 24, 2024
The succession rights of unborn children: Intestacy
Intestate succession in Ontario is governed by a structured and complex process under the Succession Law Reform Act (SLRA). The legislation first provides for the surviving spouse and descendants, and if there are none, it makes provision for other blood relatives of the intestate.
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September 23, 2024
Early election could kill proposed miscarriage of justice review body if bill not soon enacted
With the possibility of an early federal election looming this fall, advocates for the creation of an independent body to investigate suspected wrongful convictions are urging the Senate to move expeditiously to study and pass Bill C-40, proposed government legislation that would give birth to a long-awaited independent review body.
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September 23, 2024
Exemptions to abortion bans: More reasons why they don’t work — police reports | Abby Hafer
In my articles of Sept. 12 and Sept.18, I discussed some severe problems with rape exemptions to abortion bans. These included the fact that they effectively punish women for having sex voluntarily as though that is in some way a crime and that they fail to provide access to abortion to those who qualify, since in states with bans abortion clinics all shut down, so those wishing to exercise the rape exemption cannot get an abortion in state anyway.
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September 20, 2024
Canadian Judicial Council says guidelines coming for federal judges’ use of AI, social media
As part of their two-day fall meeting in Charlottetown this week, the chief and associate-chief justices of the nation’s superior courts discussed their progress in creating guidelines for federal judges’ use of artificial intelligence (AI) and social media, the Canadian Judicial Council (CJC) says.
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September 19, 2024
Treasury Board president Anita Anand gets second Cabinet post as transport minister
Liberal MP Anita Anand, the president of the federal Treasury Board and former defence minister in the Liberal government, has taken on the additional post of minister of transportation.
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September 19, 2024
Ontario estate decision ‘very pragmatic’ in approach to limitation periods, legal expert says
Ontario’s top court has ruled that a claim for unjust enrichment against an estate was statute-barred under the province’s Trustee Act, and a legal expert is saying the decision suggests a need to update the legislation to clarify limitation periods for claims against an estate.