Recent Case Law Developments for Multi-Parent Families

A recent case in British Columbia involved a third person seeking an order permitting her to be added to a child’s birth certificate. In both BC and Ontario there are provisions in the legislation governing parentage that permit more than two parents to be named on a child’s birth certificate, but the situations in which that […]

Severing the Divorce

Typically, family law matters in litigation will include a claim for divorce, as well as a claim for issues arising from the separation such as parenting claims or support claims. Those sorts of claims are referred to as “corollary issues” and those claims can be made pursuant to the Divorce Act, in which case they […]

COVID, Mental Health and Family Law

There is lots in the news about the impact of the COVID pandemic (and resulting restrictions) on mental health around the world. In the family law world, this issue got some recent attention from Justice Pazaratz in his decision in I.L v. C.R.  in which His Honour considered the best interests of children who had […]

Majorities Don’t Rule: Applications to Remove Estate Trustees

In the recent decision of Dewaele v. Roobroeck et al., Justice Sheard of the Ontario Superior Court of Justice considered an Application brought by a sister to remove her two brothers as co-estate trustees of the three siblings’ parents’ estates. Co-estate trustees need to act on a consensus basis, unless an alternative is clearly spelled out […]

Discussion re: Munro v. James (BCSC) Francis J.

The BC Supreme Court released a decision in 2020 that speaks to the somewhat unusual situation of a testator who has contracted away her right to change her will, even more unusual in its coming to light while all parties were still alive, and with the particular terms of the agreement. In this case a […]

Deadlines in Court Orders

The recent Ontario Superior Court decision of Devine v. Devine, 2021 ONSC 40 reminds us all of the importance of timelines and deadlines in family law matters. This specific issues in this case was health and dental benefits. Most married spouses can continue to provide coverage under health plans even after separation, as long as […]

Judicial Notice of COVID-19 Facts

When parties want to rely on facts in court they need to prove them with evidence. However, some facts are so well known that judges can take “judicial notice” of them instead of requiring proof. R. v Find, 2001 SCC 32 tells us that: “a court may properly take judicial notice of facts that are […]