Family
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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.
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August 21, 2024
15 years on, court restores Indian status of mother and daughter who died waiting for recognition
The Indian status of a mother and daughter, both of whom passed away before a court could decide their appeal, has been affirmed 15 years after they were removed from the Indian Register without notice.
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August 21, 2024
B.C. class action launched for alleged negligent misrepresentation of ‘safe’ opioid program
The families of two teen girls, one deceased, who became addicted to opioids have brought a class action against the B.C. government and Health Canada. The class action claims that they became addicted due to the province’s Safe/Safer Supply Program, a publicly funded prescription medication program. Health Canada shared responsibility for its implementation through its Substance Use and Addictions Program.
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August 20, 2024
Poisoning the well
In R. v. Shaw, (ONCA 119, Feb 16, 2024), the appellant was acquitted of a homicide conviction because of a flawed lineup procedure that was part of the evidence used at the first trial.
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August 21, 2024
The succession rights of unborn children: Future heirs
An unborn child has for many purposes been recognised and accorded varying degrees of protection by the law. This article begins our discussion of the legal succession rights of an unborn child.
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August 21, 2024
Non-disclosure of child’s birth via ‘illegal surrogacy’ leads to denial of permanent residence
A Chinese investor has been denied permanent residence in Canada because he misrepresented that his son was his biological offspring — only admitting after the visa officer requested a DNA test that the 3-year-old boy born via surrogacy is not biologically related to either of his parents.
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August 20, 2024
To reunify or not to reunify, that is the question | Marlene Kazman
We are going to follow Shakespeare’s lead in how we frame the question. Let’s start with the definition of reunify. The good people at Merriam-Webster define reunify as follows: “To unify again: to bring (people or things) or to be brought into a unit or a coherent whole after a period of separation.”