Georgialee Lang Attorney & Arbitrator (LexBlog Canada)

10 results for Georgialee Lang Attorney & Arbitrator (LexBlog Canada)

  • High-Conflict Parenting Case Applies Amended Rule 15 to Grant Stay of Trial Order

    The Saskatchewan Court of Appeal recently considered Rule 15 of the Court of Appeal Rules, which formerly provided that the filing of a notice of appeal operated to stay the execution of the order under appeal. Effective as of Jan. 1, 2023, Rule 15 was amended and now falls in line with the practice in all...

  • Relocation and Abduction Cases Continue to Confound Courts: Part 2

    With very few family law cases receiving leave from our highest court, the Supreme Court of Canada continues to take an interest in relocation and child abduction cases with its latest pronouncement in F. v. N. [2022] S.C.J. 51. In a 5-4 decision, which indicates the difficulty these cases pose, the court considered a child abduction case...

  • Relocation and Abduction Cases Continue to Confound Courts: Part 1

    With very few family law cases receiving leave from our highest court, the Supreme Court of Canada continues to take an interest in relocation and child abduction cases with its latest pronouncement in F. v. N. [2022] S.C.J. 51. In a 5-4 decision, which indicates the difficulty these cases pose, the court considered a child...

  • Misconduct and Lack of Contribution are not Grounds for Reapportionment of Property

    In He v. Guo 2022 BCCA 355 the court considered whether a false immigration complaint levelled by Mr. He against his wife of 3 ½ years was a proper consideration for a 100% reapportionment of property owned by Ms. Guo in her favour.  The facts revealed that after an online connection, the parties began living...

  • Ground-Breaking Covid Decision in Family Law

    What can I say about Mr. Justice Pazaratz that has not already been said by others?  There is no doubt that he “can be counted on to tell it like it is”; is “thoughtful and child-focused”; and is “known for his plain language, storytelling, humour, and biting commentary”.  All of this is true, but in JN...

  • Hang Down Your Head George Dooley

    George Dooley, of Nova Scotia, came to court seeking to be relieved of his monthly spousal support obligation to his ex-wife, Bernice Dooley, which came into effect in May 2014. The Dooley’s had been married for 34 years, and at the time he sought to vary the spousal support of $5,000 a month, each of...

  • Ex-Husband’s “Retirement” Does Not Pass the “Smell” Test, So No Termination of Spousal Support

    George Dooley, of Nova Scotia, came to court seeking to be relieved of his monthly spousal support obligation, which came into effect in May 2014, to his ex-wife, Bernice Dooley. The Dooley’s had been married for 34 years, and at the time he sought to vary the spousal support of $5,000 a month, each of...

  • Deference to Arbitrator Falls When Best Interests of Child Are Overlooked

    In Canada, courts are becoming increasingly deferential to arbitrators as a result of opinions from the Supreme Court of Canada, namely, Teal Cedar Products Ltd. v. British Columbia, 2017 SCC 32, and the rapid growth of arbitration, as our court system continues to flounder under the weight of increased traffic and the related costs. While...

  • Guest Post: Canada is Poised to Punt Real Family Law Reform

    Canada is not poised to make meaningful change to its divorce and custody laws. As I mentioned here, it’s poised only to make trivial changes to the wording of existing statutes. And Barbara Kay isn’t happy about it (National Post Millennial, 11/23/18). Kay of course has for many years been a redoubtable champion of equal...

  • US White Supremacy Group Forfeits Bequest in Canadian Will: Racism Trumps Testamentary Freedom

    In an intriguing case from New Brunswick the Court held that a bequest in Robert McCorkill’s will to an American Neo-Nazi group would be declared void as against public policy because of the racist views of the organization, a decision endorsed by the Supreme Court of Canada, as evidenced by their refusal to grant leave...

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