WestlawNext Canada insight Blog

News and Views Archives : 2016

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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Despite s. 39 of the Youth Criminal Justice Act¸ the Provincial Court of British Columbia imposed a custodial sentence of 16 months on a young offender who harassed women with threats of doxing, or publishing their identifiable personal information on the Internet.

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Recent Ontario Court of Appeal decision in which gifted money placed in a joint account was excluded from net family property.

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The Ontario Superior Court of Justice approves a key employee retention plan and grants a sealing order, denying a request to disclose the compensation information and terms of individual contracts.

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Between conviction and sentencing of the accused, the release of a recent Supreme Court of Canada decision amounted to a fundamental restatement of the law that created a rebuttable presumption where no defence had previously existed – although new arguments on appeal were generally prohibited, the appellate court overturned the accused’s conviction and ordered a new trial.

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Recent joint family venture decision which provides a useful review of the principles of constructive trust and unjust enrichment.

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