WestlawNext Canada insight Blog

Digest of the Week Archives : 2019

Alienation of children from their mother was contrary to their best interests; Father's admitted conduct exposed significant behaviour disturbances and aggressive and controlling texts directed to mother were put before court as evidence.

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What are the limitations on judicial discretion on costs when settlement offers aren’t accepted

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Trial judge erred in duration of spousal support award and spousal support was ordered on indefinite basis; Although trial judge did not expressly make finding of entitlement on compensatory basis, he functionally did just that

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Parties were in relationship for eight years, but nature of relationship was at issue. Evidence was clear that parties dated for long time, but they never established common-law relationship.

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Trial judge upheld validity of codicil holding that burden of proving due execution of codicil was satisfied.

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In action for annulment on ground of non-consummation, defendant could be deemed incompetent when refusing to submit to medical treatment or examination if non-consummation was established to court's satisfaction

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Fresh evidence disclosed that children continued to be very high needs for special services, monitoring and other forms of intervention; due diligence requirement for admission of fresh evidence was diminished here because evidence focused on ongoing nature of children's needs and behavioural challenges, as well as parents' ability to meet those needs

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Onus of establishing reasonable apprehension of bias was not discharged. Questions posed by court were straightforward and routine. Reasonable person would understand there was distinction between voir dire decision and final decision.

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Question of whether relationship between parties was marriage-like required multi-faceted inquiry

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On consideration of relationship between franchisee and franchisor, franchisee was employee rather than independent contractor and entitled to compensation

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The Canadian Standards Association is a federal not-for-profit corporation governed by the Canada Not-for-profit Corporations Act, S.

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Private corporations incorporated under the Canada Business Corporations Act (CBCA) will need to adhere to new requirements that were introduced in Bill C-86, the Budget Implementation Act, 2018, No.

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