Family
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August 28, 2024
Ontario Court of Appeal rejects child relocation ruling, pointing to numerous errors by trial judge
The Ontario Court of Appeal has ordered a new trial in a case of a mother wanting to relocate her child to Ireland, ruling that the trial judge misapprehended evidence and had a reasonable apprehension of bias.
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August 28, 2024
Most ‘BIOC’ immigration assessments that were judicially reviewed in past year were flawed
More than two dozen first-line immigration or citizenship decisions that rejected requests for permanent residence or other relief over the past year were quashed by the Federal Court due to immigration officials failing to properly analyze the best interests of the children involved, finds a Law360 Canada review of the Federal Court’s recent “BIOC” case law.
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August 28, 2024
Manitoba increasing support for victims’ services
Manitoba is using the seized proceeds of crime to boost support for victims. It was announced on Aug. 27 that the provincial government is increasing this year’s funding to Manitoba Justice Victims Services by 50 per cent.
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August 26, 2024
Ottawa poised to further tighten restrictions on hiring temporary foreign workers
The federal government says it will soon expand restrictions on the number of temporary foreign workers that employers in Canada may hire, including reducing from 20 per cent to 10 per cent the percentage of their total workforce for which employers may hire temporary foreign workers and cutting from two years to one the maximum period for which “low-wage stream” workers may be hired.
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August 26, 2024
Discontinuance of party’s claim ruled abuse of process by Alberta Court of Appeal
Litigants in family law proceedings have a potential off-ramp if they do not wish to finish the claim they initially started or defended.
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August 23, 2024
Federal Court rejects immigration officer’s flawed, ‘generic’ analysis of kids’ best interests
Addressing a recurrent error in decisions by immigration officers, the Federal Court has ruled that an immigration officer’s “effectively generic” analysis of the best interests of three children who risk being sent to Nigeria with their Nigerian parents “fatally flaws” the officer’s decision to reject the family’s application for permanent residence in Canada on humanitarian and compassionate (H&C) grounds.
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August 23, 2024
When does spousal support end? No answer from the BCCA
When does spousal support end? Can the end of entitlement be a “material change”? What if the payor pays spousal support for longer than the period of cohabitation? Do the Spousal Support Advisory Guidelines (SSAG) offer assistance on the duration of support? Can spousal support end when there is still a significant income difference between the spouses?
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August 23, 2024
R. v. Gladue and the over-incarceration of Indigenous Peoples in Canada | Michelle De Agostini
The Supreme Court of Canada decision in R. v. Gladue, [1999] 1 S.C.R. 688, is flawed due to its failure to create a sentencing precedent that considered sanctions other than imprisonment or the social infrastructure that is required to provide alternatives to incarceration.
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August 22, 2024
Child support does not end with age of majority in Bye v. Bye
The Byes divorced in 2010. In 2015, they entered into a consent order for child support for their two children, who were then 10 and 12 years old. The youngest child turned 19 in August 2019 and the eldest attained the age of 19 in February 2021. Both remained in the primary residence of Pamela Bye.
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August 22, 2024
The succession rights of unborn children: Under a will
As we discussed in the first article in this series, an unborn child has for many purposes been recognized and accorded varying degrees of protection by the law. This article continues the summary of the legal rights of an unborn child under wills, on intestacy, as dependants or other testamentary documents.