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Iam 58 and I Have “This” Much. Can I Retire?
We have lamented these articles in a prior blog where we advised readers to aKnow Thy Expensesa before stepping into any kind of retirement. People read these articles looking for solace in their own plans. Yet, until you match your income with your expenses in retirement, you are probably better off weeding your dandelion infested... Continue ReadingThe Conflict Over Public vs. Private in Family Matters
Ten days ago, seven people gathered in a Las Vegas law office to take the deposition of a child custody litigant in preparation for a hearing. During that otherwise nondescript proceeding one of the lawyers shot and killed his former daughter in law as well as her husband. He then turned the gun on himself,... Continue ReadingCould Your Spouseas Income Be Suffering aJet Lag?a
Since not many of us live in the private aircraft world we will keep this blog mercifully short. The Wall Street Journal on Friday April 12 reported on an audit of Boeingas deployment of their fleet of executive aircraft. This seems to be related to CEO David Calhounas announced departure from the company as it... Continue ReadingFamily Law Arbitration Act Passes General Assembly.
The news out of Harrisburg is that both chambers of the General Assembly have passed what is termed House Bill 917, formally the Uniform Family Law Arbitration Act. This comes almost five years after the Revised Uniform Arbitration Act went into effect for non family cases. The family law version is, of course, targeted to... Continue ReadingMore on Guns: Superior Court Upholds Restrictions
We promised not to turn this into a gun blog but in a country where half of all families own guns and the half that do own a lot of them, the impact of the U.S. Supreme Courtas ruling in New York State Rifle & Pistol Association v. Bruen A (597 U.S. 1) is going to... Continue ReadingGetting Divorced & Selling the House: WATCHOUT!
Early in this writeras career lawyers used to have to be careful about possible capital gains tax on the sale of a personal residence. Before 1997 the exclusion was $125,000 per spouse and $250,000 if the taxpayers filed jointly. In 1997 Congress doubled the exclusion to $250,000 and $500,000 for joint filers. That was a... Continue ReadingLegal Terror: A Look at Infamous In Terrorem Clauses
In this day, it seems just wrong to even write a word incorporating aterror.a A It seems as if terrorism is everywhere and one place we could hope to elude it would be in contract drafting. Yet, as we shall see, these clauses have both a history and a place in contract drafting. But, they are... Continue ReadingAppellate Gambols: April Fool’s Edition
Gambols: an act of running or jumping about playfully. In the days before digital printers, anyone who appealed a trial court ruling needed to find a printing company to print both his appellate brief and the record of the trial on an actual printing press so that it could be bound and hand delivered to... Continue ReadingMy Ex Sold Our House for Huge Money. Why No Change in My Support?
April Fools brought us a panel decision in Smedley v. Smedley (312 EDA 2023) which takes on the issue of whether home sales or other aone timea transactions are a basis to seek modification of child support or alimony awards. Itas a great issue and one for which we could all use some guidance. Unfortunately,... Continue ReadingDivorce Lawyers Facing Their Own Navigation Issues as Social Security Veers Off Course.
Itas an unfortunate week to make the comparison but it is an apt one for the very reason we saw as the tragedy in Baltimore unfolded early Tuesday morning. Then, a ship appears to have temporarily lost power and control, causing it to strike the Key Bridge and doing massive damage to lives and property.... Continue ReadingPax Moot Court and Half day conference on Dispute Resolution in Private International Law
On Tuesday 23 April theNo role for anti-suit injunctions under the TTPA to enforce exclusive jurisdiction agreements
Australian and New Zealand courts have developed a practice of managing trans-Tasman proceedings in a way that recognises the close relationship between the countries, and that aids in the effective and efficient resolution of cross-border disputes. This has been the case especially since the implementation of the Agreement on Trans-Tasman Court Proceedings and Regulatory Enforcement, [â¦]CfP: Enforcement of Rights in the Digital Space (7/8 Nov 24, OsnabrA1/4ck)
On 7 and 8 November, the European Legal Studies Institute (ELSI) at the University of OsnabrA1/4ck, Germany, is hosting a conference on âEnforcement of Rights in the Digital Spaceâ. The organizers have kindly shared the followingReminder: Conference on Informed Consent to Dispute Resolution Agreements, Bremen, 20a21 June 2024
We have kindly been informed that a limited number of places remains available at the conference on Informed Consent to Dispute Resolution Agreements on 20 and 21 June in Bremen, whichFirst View Article on ICLQ
A first view article was published online on 12 April 2024 in International and Comparative Law Quarterly. Raphael Ren,‘Conflict of Laws’ in the Islamic Legal Tradition a Between the Principles of Personality and Territoriality of the Law
Geneva Executive Training – Module 4: Practice of Child Protection Stakeholders: Focus on Inter-agency Co-operation in Context
ARBITRATION: International Commercial – Domestic – Investment
The author is Dr. Faidon Varesis, Attorney at Law Teaching Fellow, National and Kapodistrian University of Athens PhD (University of Cambridge); MJur (University of Oxford); LLM, LLB (University of Athens).  In an era where the resolution of disputes is increasingly moving away from traditional court systems towards alternative methods, the comprehensive collective work in [â¦]Lex Fori Reigns Supreme: Indian High Court (Finally) Confirms Applicability of the Indian Law by aDefaulta in all International Civil and Commercial Matters
Written by Shubh Jaiswal, student, Jindal Global Law School, Sonipat (India) and Professor Saloni Khanderia, JGLS.A In the landmark case of TransAsia Private Capital vs Gaurav Dhawan, the Delhi High Court clarified that Indian Courts are not automatically required to determine and apply the governing law of a dispute unless the involved parties introduce expert [â¦]CCTL Cross-Border Legal Issues Dialogue Seminar Series a aParallel Proceedings between International Commercial Litigation and Arbitrationa by Dr. Guangjian Tu (Recording Released)
Parallel proceedings in international commercial litigation between the courts of different countries have long been discussed and explored, for which the Brussels I Regulation in the EU provides a good model for solution although it is still a problem at the global level and an obstacle for the Hague Jurisdiction Project.  However, it seems [â¦]Governance Reform and Lawyer Independence in Canadian Legal Regulation: Examining British Columbiaas Bill 21
Earlier this month, the government of British Columbia introduced Bill 21, the Legal Professions Act. This bill amalgamates the Law Society of British Columbia and the Society of Notaries Public of British Columbia into a new corporation, Legal Professions British Columbia (LPBC), while also creating a licensing and regulation structure for paralegals. It could be the most consequential development in Canadian legal regulation in more than 100 years. The British Columbia legal professionas leading organizations (the Law Society, the Canadian Bar Associationas BC branch, and the Trial Lawyersa Association of BC) strongly oppose Bill 21, with the . . . [more]
The post Governance Reform and Lawyer Independence in Canadian Legal Regulation: Examining British Columbiaas Bill 21 appeared first on Slaw.
Effective Use of Visual Aids in Mediation
The use of demonstrative or visual aids at mediation is more widely accepted by lawyers and mediators since the legal profession began its rapid embrace of technology. Arguably, the pandemic accelerated this implementation. The technology adoption started with the exchange of electronic mediation briefs, improved access to scanned documents, and the use of video software, like Zoom and Teams. Now, counsel more commonly use Power Point or slides and electronic documentation in their introductory remarks, and present demonstrative aids in their Mediation Briefs to bolster arguments by visual communication. Through technology, counsel can now utilize a variety of demonstrative aids . . . [more]
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BC Court of Appeal Recognizes the Myth of False Allegations of Intimate Partner Violence
Case Commented On: KMN v SZM, 2024 BCCA 70 (CanLII), overturning 2023 BCSC 940 (CanLII) We have both written previously on myths and stereotypes about intimate partner violence (IPV), one of the most common of which is that women make false or exaggerated claims of violence to gain an advantage in family law disputes (see here and here). In KMN v SZM, 2024 BCCA 70 (CanLII), the British Columbia Court of Appeal (BCCA) recognized the existence of this myth and the need for courts to avoid making assumptions that perpetuate it, holding that it is . . . [more]
The post BC Court of Appeal Recognizes the Myth of False Allegations of Intimate Partner Violence appeared first on Slaw.
Mondayas Mix
Each Monday we present brief excerpts of recent posts from five of Canadaas awardA-winning legal blogs chosen at random* from more than 80 recent Clawbie winners. In this way we hope to promote their work, with their permission, to as wide an audience as possible. This week the randomly selected blogs are 1.A Dooreyas Workplace Law Blog 2. Lash Condo Law 3. Canadian Appeals Monitor 4. Family LLB 5. Avoid a Claim
Dooreyas Workplace Law Blog
SCC: Exclusion of Managers from Labour Legislation Not a Charter Violation
The Supreme Court of Canada released a much anticipated but under the radar . . . [more]
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Summaries Sunday: SOQUIJ
Every week we present the summary of a decision handed down by a QuA(c)bec court provided to us by SOQUIJ and considered to be of interest to our readers throughout Canada. SOQUIJ is attached to the QuA(c)bec Department of Justice and collects, analyzes, enriches, and disseminates legal information in QuA(c)bec. PANAL (DROIT) : La juge de premiA"re instance nâa pas errA(c) en dA(c)terminant que la caractA(c)ristique dominante de la poupA(c)e en silicone que possA(c)dait lâaccusA(c) est une reprA(c)sentation des organes sexuels et de la rA(c)gion anale dâune enfant dans un but sexuel, ce qui constitue du matA(c)riel de pornographie juvA(c)nile . . . [more]
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Remembering Attorney General Roy McMurtry
The Hon. Roy McMurtry had a stellar career, serving as Chief Justice of Ontario, Canadian High Commissioner to the United Kingdom, Commissioner of the Canadian Football League, and Attorney General of Ontario. When he passed away in March, many of the tributes rightly focussed on the critical role he played in reaching athe kitchen accorda which led to the patriation of the Constitution with the enactment of the Charter of Rights and Freedoms, section 35 and the notwithstanding clause. Other tributes noted his participation in the landmark case of Halpern v. Canada (2003), which legalized same-sex marriage. Because McMurtry . . . [more]
The post Remembering Attorney General Roy McMurtry appeared first on Slaw.
Friday Jobs Roundup
Each Friday, we share the latest job listings from Slaw Jobs, which features employment opportunities from across the country. Find out more about these positions by following the links below, orA learn how you can use Slaw JobsA to gain valuable exposure for your job ads, while supporting the great Canadian legal commentary at Slaw.ca. Current postings on Slaw Jobs:
- Director of Policing, Oversight and Accountability | Head Office in Westbank or any Indigenous Justice Centre, Canada
(BC First Nations Justice Council) - Family LawyerA (Full-time) | Chilliwack, BC
(Waterstone Law Group LLP) - AccountantA (Full-time) | Chilliwack, BC
(Waterstone Law Group
. . . [more]
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The Lack of Protection for Non-Denominational Identity: The Webber Academy Case
INTRODUCTION
Webber Academy (or athe schoola), a private educational institution in Alberta, defined itself as non-denominational: it did not engage in any overt religious practice (with one possible and qualified exception). Yet, after two Alberta Human Rights Commission (AHRC) decisions, two Queenas Bench (as it then was) (QB) judgements, two Court of Appeal (CA) rulings and two denial of leaves to appeal by the Supreme Court of Canada (SCC), it was held to have discriminated without justification against two Muslim students whom it prohibited from engaging, on school property, in overt prayers. How did this happen? And what does it . . . [more]
The post The Lack of Protection for Non-Denominational Identity: The Webber Academy Case appeared first on Slaw.
Missing Discussions at Center of Union COVID Dispute
Written by Daniel Standing, LL.B., Content Editor, First Reference Inc.
The Supreme Court of British Columbia rendered a decision (2024 BCSC 55 (CanLII)) on judicial review which looked at the employerâs choice to implement a COVID-19 vaccination policy, and whether, under the Labour Relations Code, it was obligated to enter into discussions with the union first. The case provides employers with insight into the difficulty of overturning a tribunalâs decision.
Background
The workplace was a provincially run rapid transit company. The Court considered a unionâs petition for judicial review of a decision by the British Columbia Labour . . . [more]
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Thursday Thinkpiece: Internationally-Trained Lawyers Need More Than Just NCA Exams
For those of us raised in Canada and who studied law here, it can be easy to forget that the way we practise law is verya| Canadian. While weare all aware that there are substantive differences between Canadian law and the law of other jurisdictions, itas much easier to forget that the practice of law varies just as much from nation to nation. Thereas more than one way to do almost anything, and the Canadian legal system is founded on a very specific set of choices, norms, and traditions.
Upon arriving in Canada from her native Australia, and despite her . . . [more]
The post Thursday Thinkpiece: Internationally-Trained Lawyers Need More Than Just NCA Exams appeared first on Slaw.
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