The recent 2019 United Nations Climate Action Summit brought worldwide attention to the need for countries (or ‘states’) to take immediate action on climate change. The Summit was aimed at bringing world leaders together to discuss transformative action plans for addressing the potentially … [Read more...]
The Impact of Brexit on the Free Movement of Persons
Citizens of the European Union (EU) are allowed to live and work, without special formalities, in the European Economic Area (EEA). The EEA includes the EU’s 28 Member States as well as Switzerland and three non-EU countries - Iceland, Liechtenstein and Norway. This is what we call “free movement of … [Read more...]
44-2: Family Break-ups & the Law
Volume 44-2 Nov/Dec 2019 Full PDF of this issue Table of Contents Feature Articles: Family Break-ups & the Law Special Report: Globalization Departments Columns Both federal and provincial legislation are changing with respect to family law. This issue highlights the … [Read more...]
From the Trenches of High-Conflict Family Litigation
Never have I ever: set out to engage in high-conflict family litigation. And when I say high-conflict, I mean cases where the parties can’t put their own emotions aside to make good decisions for themselves and their children. Somehow, though, it finds me. Time and again I have tried to minimize the … [Read more...]
Important Changes to the Law Are Coming: Mark your calendar!
EDITOR'S NOTE | Changes to Canada's Divorce Act now come into effect on March 1, 2021 (not July 1, 2020). Two big changes to the legislation on family law are coming next year: one that’s important if you live in Alberta and another that’s important if you’re getting divorced no matter where … [Read more...]
Shared Custody Parenting: Income Tax Issues
Since the introduction of the Federal Child Support Guidelines (FCSG) in 1997, custody arrangements have affected child support obligations for Canadian parents. The greatest flexibility applies to “shared custody” situations. Under the FCSG, a child is in shared custody where each parent “exercises … [Read more...]
Common Misconceptions about Family Law
It’s not unusual for someone to come see me and have some misconceptions about how the law or the legal process works. Previous articles and columns in LawNow have addressed many of these misconceptions. In this article, I’ll address a few others. 1. I can trade “parental rights” for the obligation … [Read more...]
Moral Rights in Canadian Copyright Law
One of the better known copyright lawsuits in Canada surrounds the Michael Snow sculpture of geese attached to the ceiling of the downtown Toronto Eaton Centre. In this case, the Eaton Centre tied red ribbons around the necks of the sixty geese in Flight Stop as a Christmas decoration. The artist, … [Read more...]
In Loco Parentis
… only minor corrective force of a transitory and trifling nature. [No] corporal punishment of children under two or teenagers. Degrading, inhuman or harmful conduct is not protected. Discipline by the use of objects or blows or slaps to the head is unreasonable. Teachers may reasonably apply force … [Read more...]
Senate Report Offers Blueprint for Federal Charity Law Reform
With a federal election slated for this October, there is little chance we will see any major changes to the Income Tax Act (ITA) rules governing registered charities in the coming weeks. Once the election is over, however, whichever party forms government could do worse than use the … [Read more...]
