Family
-
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.
-
December 10, 2024
Judicial appointment announced for Quebec
Minister of Justice and Attorney General of Canada Arif Virani announced the appointment of Sophie Leblanc as a judge of the Superior Court of Quebec in Gatineau, a Dec. 6 news release announced.
-
December 09, 2024
Health Canada releases new data on cannabis use, finds less reported illegal access
Health Canada has published the 2024 Canadian Cannabis Survey, finding that more people are obtaining cannabis legally and that there is less reported smoking of cannabis overall.
-
December 09, 2024
MARITAL OR FAMILY PROPERTY - Equalization or division - Family property, what constitutes - Considerations for unequal division
Appeal by appellant from the orders made after a family law trial. During the relationship, the parties acquired several properties, including a pre-construction apartment in London ("UK Property"), and a townhouse in Langley, B.C. ("Family Home").
-
December 09, 2024
Violence in Ontario families: I smell gasoline | Michael Cochrane
In my previous column, Violence in Ontario families: Something is off, I looked at the astonishing multi-billion-dollar investment Canadian taxpayers are making to deal with the consequences of domestic violence. It is frankly and sadly a growth industry.
-
December 06, 2024
No Charter breach when police warrantlessly searched text messages in ‘exigent circumstances’: SCC
The Supreme Court of Canada has dismissed 6-3 an Ontario man’s appeal of his drug trafficking convictions, holding that his Charter rights were not breached because “exigent circumstances” justified police, without a warrant, using a cellphone they seized from a drug dealer to impersonate that dealer and continue his texting with the accused to arrange what police suspected to be a purchase of fentanyl-laced heroin.
-
December 06, 2024
Alberta court certifies class action against Canada over alleged sexual abuse by military priest
The Alberta Court of King’s Bench has certified a class action against the federal government relating to alleged child sexual abuse said to be caused by a military priest at an Edmonton army base.
-
December 06, 2024
Indoctrination vs. education | Maria Mahmoudian
The story of Mohammad Hossein Fahmideh’s martyrdom during the Iran-Iraq War (1980–1988) serves as a striking example of how indoctrination can infiltrate an education system, shaping the beliefs and actions of youth. Fahmideh, a 13-year-old boy who sacrificed his life by blowing himself up under an Iraqi tank, was heralded as a national hero and martyr. This narrative was used by the Iranian government to mobilize young people for the war effort, embedding ideological conformity within the educational system.
-
December 05, 2024
Violence in Ontario families: Something is off | Michael Cochrane
I’ve been thinking about domestic violence and asking myself this question: As a society, are we making any progress in dealing with this plague? My approach to searching for an answer has been informed primarily by my time in private practice (where my clients have been both perpetrators and victims of such violence) and also by the years I spent as counsel in policy development with the Ontario Ministry of the Attorney General (where I worked on, among other things, the creation of the Family Responsibility Office (FRO), the passage of the Family Law Act and the introduction of mediation to family law).