Insider

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.

On June 17th sweeping changes were made to Canadian trademark law. Part of those changes included Canada acceding to 3 international trademark treaties, Singapore treaty, the Madrid Protocol and the Nice Agreement. What are the implications of these changes?

Threlfall v. Carleton University (2019), 2019 CarswellQue 9253, 2019 CarswellQue 9252, 2019 CSC 50, 2019 SCC 50 (S.C.C.)

R.S. v. P.R. (2019), 2019 CSC 49, 2019 SCC 49, 2019 CarswellQue 8813, 2019 CarswellQue 8812

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

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

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.

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

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

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

A right of survivorship is inherent in the creation of a joint tenancy.

Moses v. Stephens (2019), 2019 CarswellOnt 9717, 2019 ONCJ 412 (Ont. C.J.)