Family
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January 15, 2025
A primer on post-nups — Part two
In the first of this two-part series (see below for link), we looked at the legal formalities of creating a valid post-nup, and the range of topics it can cover. In this next installment, we will cover the important question of when a post-nup can be set aside, and the specific grounds for doing so. Then we’ll offer some practical tips on how to make sure the post-nups you draft for your clients are airtight and impervious to the court’s intervention.
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January 14, 2025
Judge wrong to impose condition against ‘being in the presence’ of person under 16: Appeal Court
B.C.’s highest court has clarified a section of the Criminal Code that authorizes judicial orders to prohibit an offender having any contact with a person under the age of 16 without supervision, something that had never been judicially considered before.
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January 14, 2025
N.L. Appeal Court examines offer to settle in estate case
Trial judges must look at offers to settle put forth by litigants with “real precision” before making their findings, says a lawyer in a case involving kids fighting over their late father’s estate.
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January 14, 2025
Creative divorce solutions: Why mediation matters | Carolyn J. Lloyd
I’ve been a natural mediator from a young age, drawn to resolving disputes and fostering understanding. Early in my legal career, I was captivated by family law, not just because of its complexity but because it touched on the nuances of human behaviour and psychology. There’s something deeply fulfilling about peeling back the layers of a dispute to uncover its root causes, particularly in emotionally volatile situations.
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January 13, 2025
A primer on post-nups — Part one
Post-nup. The term is straightforward, but even seasoned family lawyers might hesitate for a moment, when distinguishing it from other kinds of domestic contracts, such as a pre-nup or a separation agreement.
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January 13, 2025
Lessons from RECO: Lot sizes and damages | Harjot Atwal
“It's not the size of the dog in the fight, it's the size of the fight in the dog.”— Mark Twain
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January 10, 2025
Federal Court grants review of Jordan’s Principle decision involving Indigenous dad and his children
Indigenous Services Canada must notify applicants making requests under Jordan’s Principle of any essential documents they must provide before it makes a decision, the Federal Court of Appeal has held, calling out ISC’s “passive approach” to procedural fairness.
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January 10, 2025
Ontario legal aid changes an important first step, Criminal Lawyers’ Association president says
The organization overseeing legal aid in Ontario has proposed a three-year increase in financial eligibility thresholds aimed at allowing more low-income people to access the justice system, a move the president of the provincial Criminal Lawyers’ Association characterized as an important first step.
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January 10, 2025
Impact of Trudeau’s departure on future immigration policies | Colin Singer
Justin Trudeau’s resignation as Canada’s prime minister marks a significant turning point for the nation’s immigration policies. It was these policies that largely accounted for his meteoric downfall. Currently, the Conservative Party of Canada’s leader, Pierre Poilievre, has an insurmountable 29 percentage point lead in public opinion polls, the Wall Street Journal reported on January 7.
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January 10, 2025
Lessons from RECO: Disclosure of septic systems | Harjot Atwal
“Take time for all things. Great haste makes great waste.” — Benjamin Franklin