Family Law
Access-to-justice barriers hurt ALL of us. What can lawyers do?
Here at LAWPRO, we monitor the news, especially legal journalism, to better understand the challenges facing lawyers. It’s rare that a week goes by without a story about barriers to access to justice. Indeed, while doing research for a feature about the challenges facing family lawyers in August 2012 (read it here), we were struck… Read More »
Categories: Family Law, Civil LitigationLAWPRO Magazine archives: Don’t Miss Family Law Issues When Drafting Wills!
We at LAWPRO have occasionally cautioned lawyers who specialize in one area of law about the dangers of dabbling in another, unfamiliar area. As a refreshing twist on that general advice, we’re reminding lawyers that while dabbling can be dangerous, KNOWING the law in another area is never a bad idea. When it comes to… Read More »
Categories: Family LawLimitation period clarified for family law constructive trust claims
The concept of constructive trust has long been used, in family law, to support the awarding of an interest in property to a common-law spouse who is not on title. While the concept of the matrimonial home exists to ensure that married spouses share in the family home on marriage breakdown, the matrimonial home rules… Read More »
Categories: Real Estate, Family LawValentines Day: Candy, flowers, diamonds… and contracts
This article is by Nora Rock, corporate writer/policy analyst at LAWPRO. Valentine’s Day is a favourite for marriage proposals, but here at AvoidAClaim, we’re in the business of asking the question “what could go wrong?” Please forgive us for pointing out that while February may be all hearts and flowers, January is the most popular… Read More »
Categories: Family LawPrincipato and proportionality: Balancing value, benefit, and risk
Two weeks ago, the Ontario Superior Court of Justice sent a message to family lawyers (other litigators should take notice, too!) via a costs ruling in Principato v. Principato, a somewhat tortured family law proceeding. The Principatos, it turns out, are like the vast majority of us: They lack the personal wealth sufficient to pay… Read More »
Categories: Family LawLAWPRO Magazine archives: Meet the New Family Law Lawyer
The introduction this past January [of 2005] of new spousal support guidelines has put the spotlight on family law practice. To put the impact of the guidelines in context – and to better understand the pressures of family law practice today – LAWPRO Magazine this spring convened a panel of family law practitioners from across… Read More »
Categories: Family LawAmendments to the Federal Child Support Guidelines (New child support tables)
The Department of Justice just announced that the Federal Child Support Guidelines (Federal Guidelines) have been amended to update the Federal Child Support Tables (Federal Tables) used to determine child support amounts. These amendments will come into force on December 31, 2011. The 2006 Federal Tables must still be used to determine child support owed… Read More »
Categories: Announcements, Family LawSolicitor Negligent in Collaborative Family Law Settlement
In Webb v. Birkett, 2011 ABCA 13, the Alberta Court of Appeal held that the defendant solicitor Birkett was negligent in representing the plaintiff Webb in a collaborative family law settlement. The Alberta Court of Appeal held that CFL practitioners must meet the same standard of care required of other family law practitioners — including… Read More »
Categories: Family Law