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Saskatchewan Bill 205 – Changes for Surrogates and Intended Parents

Bill 205 passed royal assent on March 16th. Although the Act is not yet in force, the changes led to some much-needed updates to Saskatchewan’s Children’s Law Act and fertility law.

Court Warns Preventing Co-Parent from Accessing Child has Consequences

“Unreasonable failure to support a child’s relationship with the other parent is a failure of parenting,” says Ontario Family Court judge.

Court Grants Parent Additional Parenting Time Amidst COVID-19

In two recent Ontario cases, the courts ordered shared parenting amid the COVID-19 pandemic.

UPDATE: Supreme Court (Family Division) – Court Options to Proceed Amidst COVID-19

On Wednesday, April 29, 2020, the Supreme Court of Nova Scotia (Family Division) issued additional updates to its Notices dealing with court operations during the COVID-19 pandemic. The following summarizes those updates.

The Coronavirus v. “the Virus of Conflict”: Using COVID-19 as Excuse to Deny Parenting Time

The Ontario Superior Court of Justice recently released yet another COVID-19 parenting decision. In this case, the mother brought an urgent motion trying to vary a shared parenting order between her and the father.

Supreme Court (Family Division) – Court Options to Proceed Amidst COVID-19

On Monday, April 20, 2020, the Supreme Court of Nova Scotia (Family Division) issued updates to its Notices dealing with court operations during the COVID-19 pandemic. The following summarizes those updates.

Nova Scotia Court Rules on COVID-19 Parenting Time

The courts of Nova Scotia are currently operating under an emergency services model.

Supreme Court of Nova Scotia (Family Division) Update

On April 14, 2020, the Supreme Court of Nova Scotia (Family Division) issued an updated Notice.

Ontario Court of Appeal Finds Ways to Hear Appeals During COVID-19

Unlike Nova Scotia, the Ontario Court of Appeal is allowing parties who had scheduled appeals to request their appeal be heard in writing. In contrast, the Nova Scotia Court of Appeal has adjourned or postponed all hearings that were scheduled for May/June with no option to proceed in writing.

Immunocompromised Mother Granted Exclusive Possession of Matrimonial Home After Father Failed to Take COVID-19 Seriously

In an Ontario decision released on March 31, the Ontario Superior Court of Justice dealt with an urgent issue regarding the mother’s exclusive possession of the matrimonial home.

UPDATE: Moving between homes during COVID-19: Public health advice versus legal obligations

On Tuesday, March 31, 2020, Nova Scotia’s chief public health officer, Dr. Strang, advised that children moving between homes in co-parenting situations may increase the child and family’s exposure to COVID-19.

Ontario Decisions on Parenting Time During COVID-19

Yesterday, Dr. Strang recommended that children should not be moving back and forth between two homes. However, Courts in Ontario have indicated otherwise. You should seek legal counsel prior to altering any current parenting order or agreement.

Moving between homes during COVID-19: Public health advice versus legal obligations

This afternoon, Nova Scotia’s chief public health officer, Dr. Strang, advised that children moving between homes in co-parenting situations may increase the child and family’s exposure to COVID-19.

Another Look: Widow Denied Late Husband’s Sperm

In this case, a wife and husband had been in a long-term relationship and had been married for three years until the husband died suddenly and unexpectedly.

Possible Changes to Rules For Surrogacy and Egg & Sperm Donors in Canada

The Assisted Human Reproduction Act is the main law governing surrogacy and the donation of sperm/ ova in Canada. Bill S-216 was given a second reading on March 12, 2020. If the Bill ultimately passes into law, it will make major changes.

COVID-19 & Parenting Time

The Coronavirus (COVID-19) is affecting more than just toilet paper sales. It is also impacting divorced and separated parents regarding parenting time with their children.

Who Owns the Embryo After Divorce?

Interesting legal and ethical issues have arisen with the development of new reproductive technologies.

Widow Denied Late Husband’s Sperm

Last week, a widow from British Columbia was denied access to her late husband’s sperm.

Happily Ever After: The Marital Breakdown of Amazon Power Couple, Jeff and MacKenzie Bezos

Jeff Bezos, CEO of Amazon, and his wife MacKenzie made headlines in January 2019 when they jointly tweeted their plans to initiate divorce proceedings after 25 years of marriage.

Changes for Parents Seeking Relocation

Parents wanting to relocate will have to undergo a new legal process to get the Court’s approval. The recent amendments to the federal Divorce Act have replaced the longstanding principles set out by the Supreme Court in 1996.

Canada’s International Family Law Commitments

The federal government’s recent amendments to the Divorce Act, under Bill C-78, bring Canada one step closer to meeting its international commitments on family law.

New Definition of Family Violence

The recent amendments to the Divorce Act are giving a new meaning to family violence. Before the amendments, the term “family violence” had no legislated definition, leaving courts to decide the best approach to this complex issue.

Changing the Language on Parenting

The federal government is changing the language on parenting, with hopes of changing the conversation. Bill C-78 has introduced a number of amendments to the Divorce Act, which have generally been welcomed by lawyers and scholars across the country.

Blog Update! Changes to the Divorce Act

Further to the blog below that we posted in February, the Bill obtained Royal assent on June 21, 2019. There is no update yet as to when it will come into force, but this is to be decided in the coming months by the Governor in Council.

Bad Faith and Costs Consequences

Litigants are not rewarded for bad behaviour. In a recent decision out of the Ontario Superior Court of Justice, a father was ordered to pay $420,000 in costs to his former spouse, after losing the case for custody of their young daughter.

Family Law Resources: Wise Words from a Family Court Judge

Although now 10 years old, Tug of War: A Judge’s Verdict on Separation, Custody Battles, and the Bitter Realities of Family Court, by Justice Harvey Brownstone of the Ontario Court of Justice, remains an insightful and powerful read on the uses and misuses of family court.

Our Family Law Team

Our Family Law team focuses on resolving issues in families as quickly as possible, through either mediation or litigation. While we do our best to resolve matters through non-confrontational means, when it is necessary to pursue litigation, our Family Law Litigation Team has depth of experience.

Justice Minister seeks to Expand Unified Family Court

On March 8, 2019, Justice Minister Mark Furey proposed amendments to the Judicature Act that would expand the unified family court (UFC) system across all regions of Nova Scotia.

Changes to the Divorce Act

In May 2018 the Canadian government introduced a Bill which will change the Divorce Act for the first time in over 20 years.

The Mamas and the Papas… and Their Parenting Agreement

I’m sure I was not the only one who spent a few minutes this weekend listening to the radio documentary “The Mamas and the Papas: How two Ottawa couples became co-parents ” on the CBC’s The Sunday Edition or reading the accompanying article online.

Predatory Marriages

Marriage can have a significant legal impact on a person’s property and assets. Through marriage a spouse may have legal claim to a home,[1] may have a claim to other property and a marriage may give rise to spousal support obligations.[2]

Are Embryos Property? The Ontario Court’s Commitment to Reproductive Freedom

The use of assisted reproductive technologies to create families is becoming increasingly common in Canada. These technologies create opportunities for individuals or couples who otherwise cannot grow their families.

Family Law “Kitchen Table” Agreement Goes to the Supreme Court of Canada

As lawyers, we often see clients that have “side deals” with their former spouse, saying something like “We talked that out and you don’t need to put anything in the agreement about that. We got it.”

Reimbursement Under the Assisted Human Reproduction Act: What Changes are Coming?

The Government of Canada has proposed new regulations under the Assisted Human Reproduction Act (AHRA).

Maintenance Enforcement Program Decreases Arrears

The Nova Scotia Maintenance Enforcement Program was first established in 1996 and was tasked with ensuring that court ordered child and spousal support payments were paid to recipients.

Parenting Plans in a Military Family

Whether you are raising children with a spouse in the military, or you are the spouse in the military, it can involve many challenges for both the parents and the children. These issues multiply when the parents are separated, and communication may be strained.

Canada Pension Plan Credits after Separation or Divorce

Many people wonder how they divide up their Canada Pension Plan Credits after separation or divorce.

Hockey Gear, Braces & Cell Phones: Sharing Children’s Expenses following Separation

“Section 7 expenses” can generally be described as “special or extraordinary expenses” for a child with separated parents that share expenses in addition to child support.

Decriminalizing Surrogate Compensation

If you’re one of the many couples in Canada exploring paying a surrogate to have a child – there could be some changes to Canadian Law that aims to decriminalize this process.

Married or Common-Law: How Does It Affect Your Estate Plan?

There are several misconceptions about the status of marriage and a common-law relationship in the estate planning context. In Nova Scotia, marriage and common-law relationships are treated differently for estate matters.

Are You Travelling with Children This Summer?

If you are travelling within Canada with your children, very little documentation is required, although you should be sure that you have current identification for yourself and each child.

“Something Old, Something New, Something Borrowed, Something Blue” and Updating Your Will?

Marriage and your Estate Plan

Interjurisdictional Support Order Updates

Nova Scotia is in the process of updating its Interjurisdictional Support Orders (ISO) legislation, making it easier to claim spousal or child support from an individual living outside the province.

Upcoming Introduction of the Domestic Violence Court

Nova Scotia will soon be introducing the ‘Domestic Violence Court’ (DVC) located in the Halifax Provincial Courthouse.

Tax Claims for Family Legal Fees

Tax season is yet again upon us.  Keep in mind that if you provided payment for legal fees in relation to a family law matter in 2017, you may be able to claim those fees on your taxes. 

Child Support: The Child's Right and the Parent's Responsibility

Child support is most often paid by one parent, to the parent who has care of the child the majority of the time.  A payor parent has a legal responsibility to provide child support regardless of whether that parent has communication or contact with the child. 

Tips for Supreme Court (Family Division)

The Supreme Court of Nova Scotia (Family Division) has recently published a helpful list of tips and hints designed to aid counsel and unrepresented individuals. 

Child Tax Benefits After Separation

Do I Need an Interim Agreement or Order?

Interim Agreements and Orders can help to minimize conflict and reduce unnecessary back and forth between the parties.

Canadian Court Awards Separate Damages for Future Potential Pregnancies

For the first time, a court in Canada has awarded separate damages for surrogacy fees for future potential pregnancies.

The CBA responds to Health Canada's Initiative to Develop Regulations Covering Reimbursement of Expenditures to Surrogates

This blog post is a follow up from the January 26, 2017 blog post. The CBA has responded to Health Canada's initiative to develop regulations covering the reimbursement of expenditures to surrogates.

Health Canada Looking to Develop Regulations Governing the Reimbursement of Expenditures to Surrogates

On September 30, 2016, Health Canada announced they would be making changes to the regulations governing surrogacy under the Assisted Human Reproduction Act. They will controversially be proposing to regulate reimbursable expenses for parties involved in surrogacy arrangements.

5 Reasons to Choose Mediation when you Separate

Going through a divorce can be a difficult time, but there are other options besides a costly court battle. Here are five advantages to choosing Mediation instead of the courts to help you decide if mediation is right for you.

Quebec Planning to Legitimize Surrogacy

Quebec's Civil Code has long held surrogacy agreements void while other Canadian provinces have moved to legitimize the process. However, all of that may change. Quebec's Minister of Justice has recently announced to take a fresh look at the issue and it's place in today's society.

Times are Changing in Family Law

The Matrimonial Property Act no longer reflects the face of the Nova Scotian family. In order to address our evolving society, The Law Reform Commission of Nova Scotia has released a discussion paper regarding proposed changes to the act and how it will affect Nova Scotians.

Are You Travelling With Children?

If you are travelling within Canada with your children, very little documentation is required, although you should be sure that you have current identification for yourself and each child. Unless both parents are travelling with the children, you should have a Travel Letter signed.

Changes to the Maintenance Enforcement Program (MEP)

In 1996, the Maintenance Enforcement Program (MEP) was established in order to allow for a government body to assist in the enforcement of existing court orders for spousal and child support. In establishing the MEP, the onus was shifted from the individual support recipient, acting at the time in

Think Twice Before You Post: Can Posts on Facebook be Used as Evidence in my Family Law Matter?

In recent years, Canadian Courts have allowed postings on social media sites to be used as evidence in Family Law matters. The most predominant source of these postings has been from the social media site, Facebook. Social media sites are often one of the first sources the opposing party will look

How do I change my Court Order as it relates to custody, access and parenting?

Following a separation, parties regularly obtain a Court order which outlines custody, access and a parenting schedule. However, with time, things inevitably change. Parents move. Children start school, or graduate from school. Parents re-partner. Parenting arrangements change, organically. Sometime

Should I Have a Cohabitation Agreement?

A cohabitation agreement is a contract signed by two parties who are living together, or are planning on living together, and who contemplate the division of their assets and debts, and/or support obligations, if a separation and/or divorce of the parties were to occur in the future. As a couple

10 Things Every Teacher/School Administrator Should Know About Family Law

Custody can often refer to the “physical custody” of the child; that is, in which parent’s care is the child on a given day; however, the more usual use of the word custody refers to the “legal custody” of the child. Legal custody refers to which parent has the responsibility to make the major

10 Tips to Minimize Your Legal Fees in Family Law Matters

A divorce, separation or any family law dispute can be an emotional, stressful and very expensive process. However, there are certain steps you can take to keep your legal costs down. Be honest and forthcoming. Speak candidly to your lawyer, and formulate realistic goals and expectations as early