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Family law

Ex-wife of wealthy businessman author of her own misfortune

In the end she was done in by spite, and greed.

She is the ex-wife of a wealthy Quebec businessman who had sought to maintain an exceptionally privileged and luxurious lifestyle, and fought tooth and nail. She hired and fired more than half a dozen lawyers all the while waging a relentless, and ultimately, vain legal battle to find hidden assets ostensibly stashed away by her husband. She frittered away about $4 million in legal and expert expenses, only for the case to be heard ex parte. She did not show up at trial nor was she was she represented by a lawyer.…

Family law Quebec June 1, 2017

Family law reform dropped by Quebec government

A government-mandated committee report that called for sweeping reforms of Quebec’s family law regime has all but been sidelined, making it the second the comprehensive report that the Quebec government has quietly shelved over the past month.

Quebec Minister of Justice Stéphanie Vallée recently testified before a parliamentary commission that the provincial government is now reviewing its position over family law reforms.…

Canada Charter of Rights and Freedoms Family law Rulings August 12, 2014

Ruling extends spousal immunity to common-law spouses

The common law rule against spousal compellability must be extended to common-law spouses because otherwise it would result in “blatant discrimination” that cannot be countenanced in the age of the Charter, held the Alberta Court of Appeal in a ruling that will most likely have persuasive authority in spite of a bill introduced in Parliament that will abolish spousal immunity, according to legal experts.

In a unanimous ruling described by legal observers as very well-written and well-reasoned, the Alberta Court of Appeal upheld a lower court decision that concluded that the existing common law rule was discriminatory and inconsistent with modern values of the Canadian Charter of Rights and Freedoms.…

Civil Code of Quebec Family law Quebec Court of Appeal Rulings Supreme Court of Canada December 24, 2010

Quebec to appeal Lola common law alimony ruling

Quebec will ask the country’s highest tribunal for permission to appeal a controversial court ruling that has opened the door for common-law couples in the province to seek alimony...…

Family law Legal Practice Management Quebec November 17, 2009

Collaborative law making inroads in Quebec

When Martha Shea summoned up the courage to ask former Madam Justice Claire L’Heureux-Dubé her take on collaborative law in Quebec at a family law conference six years ago, little did the Montreal family lawyer realize that she had sown the seeds to an organization that is now drawing attention from French-speaking nations.…

Civil Code of Quebec Family law Quebec Court of Appeal Rulings November 6, 2009

Youth protection authorites admonished by appeal court

Admonished by the Quebec Court of Appeal for single-mindedly trying to place a child before giving an opportunity to the parents to fulfill their parental responsibilities, youth protection authorities now face a more stringent test before envisioning adoption as a “solution to a difficult situation.” In overturning a lower court ruling that authorized youth protection authorities to proceed with the placement of a child for adoption, the appeal court also provided guidance to courts of first instances, reminding them that they have a responsibility to question decisions made by youth protection, as is foreseen by the Youth Protection Act (Act). “The message I hope that will be heard by judges of first instances is that in matters relating to adoption, the appeal court is telling you that you can — and even must — ask questions because parents caught in those situations face a battle akin to David and Goliath,” said Michel Tétrault, a family law expert who teaches at the Université de Sherbrooke. “Parents feel they stand no chance when facing youth protection authorities and their armada of experts. But while judges should be more critical of decision-making by youth protection, this is a culture that must be developed.…

Family law Quebec Court of Appeal Rulings Supreme Court of Canada September 3, 2009

Mother wins battle to move to France with children

A lower court ruling that prohibited a French mother of two from moving from Quebec to her native country under penalty of losing custody was recently overturned by the Quebec Court of Appeal. In a unanimous ruling, the appeal court issued a warning to courts of first instance that they must be cautious when weighing the “undeniable contribution” of expert’s opinions and bear in mind that “questions over custody and the criteria of who should have right to custody are issues that also call for legal notions,” said Quebec Court of Appeal Judge France Thibeault.…

Family law Quebec Court of Appeal Rulings Supreme Court of Canada May 7, 2009

Appeal court takes tougher line on spousal support

When the Quebec Court of Appeal recently overturned an order that compelled a financial analyst to pay his ex-wife spousal support for an indefinite period, it caught family law experts by surprise. Even though s. 15.2(3) of the Divorce Act, which came into force in 1985, allows judges to make an order requiring a spouse to secure and pay his ex-spouse sums for a definite period or until a specified event occurs, the appeal court has traditionally shunned from applying such orders and almost always have overturned lower court rulings that issued that time-limited support orders, particularly if children are in the picture and the spouse – usually women – have been out of the workplace for a long time. “Lower court judges – and family lawyers — have a monolithic vision of the appeal court’s position regarding time-limited support,” noted Michel Tétrault, a Université de Sherbrooke professor and family law expert. “A court of first instance has very rarely imposed a timeline, unless the marriage lasted less than a few years and the spouse receiving the support clearly stated she had no willingness to work. Aside from those exceptions, it has been exceptionally rare for a lower court to…

Civil Code of Quebec Court of Quebec Family law Quebec Court of Appeal March 23, 2009

Surrogacy agreements illegal in Quebec

A woman who sought to be legally recognized as the mother of a child borne by a surrogate mother was thwarted by a Quebec Court judge who held that, unlike in the rest of Canada, surrogacy agreements are illegal in Quebec. “This child does not have a right to maternal filiation at any cost,” said Judge Michel Dubois in his 11-page ruling.…

Family law Quebec Court of Appeal March 17, 2009

Federal government overstepped its authority, says Quebec Court of Appeal

In a ruling hailed as a victory for federalism, the Quebec Court of Appeal struck down dozens of provisions of the federal Assisted Human Reproduction Act it deemed to be unconstitutional because it encroached on provincial jurisdictions...…

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Federal Department of Finance launches consultations

The federal Department of Finance launched a second round of consultations on reform of federal financial institution statutes. Its paper entitled paper entitled "Potential Policy Measures to Support a Strong and Growing Economy: Positioning Canada's Financial Sector for the Future" can be downloaded here.

Copyright Board launches consultations

The Copyright Board of Canada, today launched consultations on proposed legislative and regulatory changes to the its decision-making processes. A government discussion paper presents 13 possible options for legislative and regulatory reforms. The government will also consider any other reform options that would help address the Board's challenges outlined in the discussion paper. The consultations will be open from August 9 to September 29. Those interested can share their views until September 29 by emailing CBconsultations@canada.ca.

Handbook for lawyers on business and human rights

The International Bar Association published a Handbook for Lawyers on Business and Human Rights to provide guidance for business lawyers and their corporate clients on how to address human rights risks in corporate and commercial transactions. It can be read here.

Handbook for young lawyers

The Barreau du Quebec published a handbook for newly sworn in Lawyers. It can be downloaded here.

Proposal for new prospectus exemption

The Canadian securities administrators have proposed a new prospectus exemption for the resale of securities of a foreign issuer. The proposed amendments to National Instrument 45-102 Resale of Securities (NI 45-102) and request for comments can be read here. Comments must be submitted in writing by September 27, 2017.

Quebec Court of Appeal's Guide to Legal Citation

The guide aims to provide the legal community with standardized writing and reference rules. While the rules are not mandatory, the Court "invites" lawyers and litigants to use the rules when writing pleadings, briefs or memoranda they submit to the Court. It's in French only but it does have a useful bilingual lexicon. It can be downloaded here.