Family

  • December 16, 2024

    MARITAL OR FAMILY PROPERTY - Equalization or division - Financial resources of parties - Asset types

    Appeal by appellant husband from the order of a case management judge regarding a dispute on a division of matrimonial property and application by husband to admit new evidence.

  • December 13, 2024

    Nova Scotia education minister moves to justice file

    Nova Scotia has a new justice minister. Lawyer and former education minister Becky Druhan has been given the job of justice minister and attorney general following the Progressive Conservatives’ recent re-election as a majority government.

  • December 13, 2024

    Estate planning using options to purchase and right of first refusal

    In the realm of estate litigation, the interpretation of will clauses that include options to purchase and rights of first refusal seems to be coming up more and more frequently. Recent cases like Cambareri v. Sorrenti, 2023 ONSC 4918, and Zboya v. Hicks, 2024 ABKB 525, to name a few, indicate that there is growing interest in will drafting and estate planning that includes options to purchase estate property, or alternatively, gives beneficiaries a right of first refusal to purchase such property.

  • December 12, 2024

    PBO releases overview of Ottawa's national housing strategy, cites challenges with certain information

    The Office of the Parliamentary Budget Officer (PBO) has released a report on federal government's spending this year on its national housing strategy, noting that the government is projecting how much housing it will provide but not how many people will be in need.

  • December 12, 2024

    Belhadj v. Meddah: No fast tracking of mobility cases save for compelling circumstances

    The court process is slow. In some jurisdictions, the family law process, from the initial filing of the application to trial, can take two years or more. In some courts, even the first family law conference date may be six months out from the commencement date of the court process.

  • December 11, 2024

    The importance of briefing notes

    Policymakers have long relied upon briefing notes to assist in making good decisions. Boards, councils and even committees of regulators have often used briefing notes to enable staff and preparatory teams to concisely convey the information that decision-makers need.

  • December 10, 2024

    CBSA annual report notes increase in smuggling attempts and inadmissible entries

    The Canada Border Services Agency (CBSA) has released its year in review report for 2024, highlighting that between Jan. 1 and Oct. 31, it “seized more dangerous drugs and firearms, and intercepted more stolen vehicles than in 2023.”

  • December 10, 2024

    Feds doubling loan limit to build secondary suites in homes, increasing 30-year amortizations

    The federal government has announced that it will double the loan limit under the Canada Secondary Suite Loan Program to $80,000, launching the program in early 2025. This was said to “make it easier for homeowners to convert an unused basement into a rental apartment or a garage into a laneway home” to increase density in communities.

  • December 10, 2024

    Date of death: Determining commencement of the limitation period

    In our last article with Law360 Canada, Palak Mahajan and I wrote about the relevance of the recent decision of Ingram v. Kulynych Estate, 2024 ONCA 678, with respect to limitation periods. Limitation periods continue to be an overarching factor that plays one of the most important roles of every file/case that comes through the door. Another case that exemplifies the significance of limitation periods is Shannon v. Hrabovsky, 2024 ONCA 188 (Shannon), by the Court of Appeal, which addressed the issue of when the discoverability principle applies to estate claims and whether the limitation period runs from the date of death of the testator.

  • December 10, 2024

    New associate joins Torkin Manes

    A recent news release from Torkin Manes LLP announced the addition of Courtney Edwards as an associate in the firm’s family law group.

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