WestlawNext Canada insight Blog

CATEGORIES: News and Views

Epstein’s This Week in Family Law | Contempt

Recent case in which the appropriate punishment for contempt was the refusal to hear a mother’s motions until she was in compliance.

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Milligan’s Criminal Law Advisor  | Pre-Sentence Custody

Recent Ontario cases find harsh remand conditions result in extraordinary credit for pre-sentence custody

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The case comment explores the issue of whether the Registered Retirement Income Fund (RRIF) an asset that flows into the Estate (to be divided amongst the Estate’s residuary beneficiaries)? Or, to the person named by the Deceased, pre-death, as a beneficiary on the designation/declaration form?

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Kim Orr honest performance car

In the Special Focus section of this newsletter, the authors review the decision Mayotte v. Ontario which interprets and applies the scope of the duty of honest performance as set out by the Supreme Court of Canada in the case of Bhasin v. Hrynew.

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Watt’s Criminal Law and Evidence Newsletter | Aggravating factor

The failure to consider a relevant aggravating factor, such as the interprovincial impact of heroin trafficking in this instance, would justify appellate intervention with the sentence imposed.

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Recent case which dealt with a lump-sum spousal support payment in the context of settlement structure, bankruptcy and variation.

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Epstein’s This Week in Family Law | Custody order

Recent parental alienation case which dealt with the rights of a child and a police enforcement clause in a custody order.

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Judicial comity aims to prevent conflicting jurisprudence and to encourage certainty in the law; however, new evidence would affect the standard of review.

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Bill C-119 provides for enhanced protection of personal health information, the electronic health record, and new penalties and enforcement provisions.

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Recent summary judgment which set aside a separation agreement for unconscionability and essential unfairness.

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An employer was bound to an offer letter sent by email, and not by the employment agreement sent two days later and which included a provision limiting notice to the statutory minimum, and thus the employee was entitled to the common law notice period.

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Recent decision in which a father was denied damages for non-pathological emotional harm caused by unplanned fatherhood.

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