by Tim | Mar 9, 2017 | Family Law, Uncategorized
Like all family law issues, the question of whether to send a child on an access visit when the child expresses she does not want to go is fraught with difficulties. Courts have determined that the answer is ultimately fact specific. In Geremia v. Harb, 2007 CanLII...
by Tim | Feb 22, 2017 | Access to justice, Family Law, Legal Information, Social Media, Uncategorized
1. Access to Justice in Canada Access to justice is a serious problem in Canada for several reasons: 1. many people cannot afford legal services; 2. not enough judges; 3. not enough courthouses; 4. need for streamlining of many legal processes. See for example, Action...
by Tim | Feb 8, 2017 | Common-Law, Family Law, Property
Tough Questions One of the topics that I discuss often with clients and prospective clients is property rights of common-law partners. There are many misconceptions and myths regarding this topic. For example, I often hear questions similar to the following: – My...
by Tim | Feb 6, 2017 | Common-Law, Debt, Family Law, Property, Uncategorized
Myth: Behaviour of the other person matters in a divorce hearing as to whether your divorce is granted. Response: No. Since the June 1, 1986 amendments to the Divorce Act, the sole criterion for divorce is “marriage breakdown.” Divorces are now described...
by Tim | Mar 11, 2016 | Family Law, Uncategorized
1. Justice Alex Pazaratz, an Ontario judge known for his candid and creative writing style, recently blasted two parents involved in a bitter custody dispute over spending a combined $500,000 during the course of the custody litigation when the issues could have...
by Tim | Jan 23, 2015 | Family Law
In contrast to some other provincial statutes, the Family Services Act in New Brunswick considers a child’s relationship with his/her grandparents as part of the definition of “best interests of the child”: “best interests of the child” means the best interests of the...