Family
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November 11, 2024
Estate freezes and resulting litigation issues
In my recent article “Estate freezes: An icebreaker,” I discussed how an estate freeze can be used to “lock in” the value of a family business’ shares at a given point in time and pass on the growth of that business to the business owner’s children. I briefly touched on some of the potential pitfalls that can complicate the execution and maintenance of an estate freeze. One of these complications — and the source of much of the litigation surrounding estate freezes — is the availability of the oppression remedy to the company’s shareholders.
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November 08, 2024
SCC elaborates on framework, scope for judicial review of regs and other subordinate legislation
The Supreme Court of Canada has ruled 9-0 that the Vavilov “reasonableness” standard for judicial review — informed by some of the Katz Group principles — presumptively applies when courts review whether subordinate legislation is authorized by law.
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November 08, 2024
Appeal court urges caution in use of ‘extrinsic misconduct’ evidence in criminal trials
Criminal court judges must be mindful to not allow “bad character” evidence to “creep” its way into proceedings without first weighing its validity and potential impact, says the lawyer for a Saskatchewan man given a new trial for alleged sex crimes against a stepchild.
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November 08, 2024
Lerners welcomes 6 new associates in London
Recent news releases from Lerners LLP announced the addition of Greg Woodward, Kevin Wilbee, Emily Woods, Orion Boverhof, Megan Linaric and Daniele Sing as associates in the firm’s London offices.
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November 08, 2024
JUDICIAL REVIEW AND STATUTORY APPEAL - Standard of review - Reasonableness - Presumption of applicability
Appeal by Auer from a judgment of the Court of Appeal of Alberta which upheld a judgment concluding that the Federal Child Support Guidelines (Guidelines) were validly enacted by the Governor in council (GIC). Auer argued that the Governor in Council (GIC) exceeded its authority under ss. 26.1(1) and (2) of the Divorce Act (Act) when enacting the Guidelines because they required a payer parent to pay a greater share of the child‑related costs than the recipient parent.
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November 08, 2024
Crime, punishment … and redemption? A Q&A about the Menendez brothers
You might have seen Lyle and Erik Menendez in the news recently.
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November 08, 2024
Success in family law | Gary Joseph
Following lessons learned from my dear former mentor, the late James C. MacDonald Q.C., at this late stage in my career, I happily embrace the extreme compliment of a request to mentor. This present aspect of my practice has proven almost (I say almost) as satisfying as a successful presentation of a difficult trial or appeal.
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November 06, 2024
Police-reported sexual assaults went up, but charges, convictions & custodial sentences went down
Sexual assaults reported to police went up from 2015 to 2019, but such offences were less likely to result in charges, court proceedings, convictions or jail time than in the previous five-year period, Statistics Canada reports.
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November 07, 2024
NWT child protection report lacks detail, mention of alcohol abuse: lawyer
A recent report flagging the large number of Indigenous children in the Northwest Territories child protection system fails to give detailed reasons why they are placed in care — and does not address the role alcoholism plays in the problem, says a local lawyer.
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November 07, 2024
Consent judgments should be analyzed according to principles of contractual interpretation: court
Ontario’s top court has ruled on the correct analytical approach to the interpretation of a consent judgment — an issue it had not weighed in on previously.