Family
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November 15, 2024
Importance of sufficient funds for study permit applications in Canada
In the case of Mohammadi v. Canada (Citizenship and Immigration), 2024 FC 598, an 18-year-old Iranian national, who wished to complete Grade 12 at a private high school in Ont., submitted a study permit application in which he showed parental funds of $168,000 to cover $32,5000 costs for tuition and room and board. He provided the following parental financial evidence: bank statement, land title deeds, tax payment receipts, insurance premium receipts and employee salary amounts.
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November 14, 2024
Federal government faces proposed class action over abuse of Indigenous children at group homes
The federal government is set to face another proposed class action concerning its historic policy of removing Indigenous children from their communities and families so they could attend provincially- and territorially-run group homes.
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November 14, 2024
CUSTODY, PARENTING, AND ACCESS - Best interests of child - Status quo or maintenance of stable environment
Motion by Appellant mother ("Appellant") to stay an order for the child's return to Bangladesh. Motion by Respondent father ("Respondent") requiring Appellant to post security for costs for her appeal. The parties travelled to Canada with their child for a vacation. During their stay, the Appellant desired to remain in the country permanently by seeking asylum, which the Respondent opposed.
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November 14, 2024
Prosecuting civil tort claims in context of family proceedings following Ahluwalia appeal
Since the Ontario Court of Appeal decision in Ahluwalia v. Ahluwalia 2023 ONCA 476, in which the creation of a new tort of family violence was rejected as unnecessary because existing torts are sufficient, there has been some uncertainty about how civil claims arising from intimate partner violence and abuse should be dealt with in the context of family law proceedings.
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November 14, 2024
Removal of untranslated English decisions on website won’t end novel lawsuit against SCC: plaintiff
The Supreme Court of Canada’s removal of thousands of pre-1970 (mostly unilingual-English) judgments from its website won’t end an unprecedented Federal Court lawsuit that aims to compel the top court’s registry to fix alleged violations of the Official Languages Act by translating the court’s unilingual decisions into the other official language, says the plaintiff language rights group Droits collectifs Québec.
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November 14, 2024
Limitation applicable to constructive trust and unjust enrichment claims
The decision in Ingram v. Kulynych Estate, 2024 ONCA 678 (Ingram), by the Ontario Court of Appeal addressed whether the 10-year limitation period under s. 4 of the Real Property Limitations Act R.S.O. 1990, c. L.15 (RPLA) applies to the respondent, Kathleen Ingram’s, constructive trust and unjust enrichment claim against Henry Kulynych’s estate rather than the two-year period under s. 38(3) of the Trustee Act, R.S.O. 1990, c. T.23 (Trustee Act).
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November 13, 2024
Access to justice and modernization of the family law rules: A holistic narrative
Lack of access to family justice can have profound and damaging effects. Children may be denied parenting time and contact with beloved caregivers; they may be exposed to, and experience, the lasting physical, psychological and financial harms of family violence; and they may grow up in poverty.
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November 13, 2024
Pros and cons of using a parenting co-ordinator
Family lawyers today are constantly looking for alternative methods to achieve resolution. To borrow a phrase from our politicians, there are now many “tools in the toolbox” to assist us. Not quite so some 47 years ago, but things have certainly improved over time (there I said it, something is better today than when I started to practise).
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November 12, 2024
The hidden epidemic: Family violence in Ontario | Leanne Townsend
Family violence is a deeply troubling and often hidden crisis in Ontario.
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November 11, 2024
Advocacy organizations pledge to challenge proposed Alberta transgender health care, pronoun laws
Alberta has rolled out a suite of legislative proposals that would prohibit certain types of gender-affirming health care for youth and require parental approval for name change or pronoun use for many students, but a number of advocacy groups have said they will challenge the laws, calling them discriminatory and harmful.