Category Archives: Family

We Versus Me: Normative Legislation, Individual Exceptionalism and Access to Family Justice

By: John-Paul Boyd PDF Version: We Versus Me: Normative Legislation, Individual Exceptionalism and Access to Family Justice In many of Canada’s family law courts, especially our provincial courts, the majority of litigants now appear without counsel. This state of affairs … Continue reading

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A Methodology for Beginning Fundamental Justice Reform

By: John-Paul Boyd PDF Version: A Methodology for Beginning Fundamental Justice Reform Discussion on the reform of civil justice in Canada reached a new crescendo last year with the publication of the various reports of the national Action Committee on … Continue reading

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Expert Reports: Are They Inherently Material Evidence?

By: Camille Sehn PDF Version: Expert Reports: Are They Inherently Material Evidence? Case Commented On: E.G. v Alberta (Child, Youth and Family Enhancement Act, Director), 2014 ABCA 396 This summer I posted a comment on a successful application to stay … Continue reading

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Judicial Economy, Judicial Extravagance and Pension Splitting under a Matrimonial Property Order

By: Jonnette Watson Hamilton PDF Version: Judicial Economy, Judicial Extravagance and Pension Splitting under a Matrimonial Property Order Case Commented On: McMorran v Alberta Pension Services Corporation, 2014 ABCA 387 The Court of Appeal decision in McMorran v Alberta Pension Services … Continue reading

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Unified Family Courts: An Established Mechanism for Improving Access to Justice

By: John-Paul Boyd PDF Version: Unified Family Courts: An Established Mechanism for Improving Access to Justice Lawyers practicing in jurisdictions with multiple trial courts and no unified family court will be aware of the challenges facing litigants without counsel. First there’s choosing … Continue reading

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How Lawyers Resolve Family Law Disputes

By: John-Paul Boyd PDF Version: How lawyers resolve family law disputes This past July I was able to sample the views of 167 lawyers and judges attending the Federation of Law Societies of Canada‘s National Family Law Program in Whistler, British … Continue reading

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The Vicious Spiral of Self-Representation in Family Law Proceedings

Written by: John-Paul Boyd PDF Version: The Vicious Spiral of Self-Representation in Family Law Proceedings A lot of good research on litigants without counsel has been published in the last three years, most notably, in my view, Julie Macfarlane‘s Identifying and Meeting … Continue reading

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Deference, Discretion, and Adjudicative Substitution

By: Camille Sehn PDF Version: Deference, Discretion, and Adjudicative Substitution Case Commented On: E.G. v Alberta (Child, Youth and Family Enhancement Act, Director), 2014 ABCA 237 Editor’s Note: The University of Calgary Faculty of Law runs a fantastic legal clinic, … Continue reading

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What is the Legal Effect of an Unenforceable Agreement in an Unjust Enrichment Claim?

By: Jonnette Watson Hamilton PDF Version: What is the Legal Effect of an Unenforceable Agreement in an Unjust Enrichment Claim? Case commented on: Lemoine v Griffith, 2014 ABCA 46 The recent decision of the Alberta Court of Appeal in Lemoine … Continue reading

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Court of Appeal Reaffirms Gay, Non-bio Dad’s Status as Legal Parent

PDF version: Court of Appeal Reaffirms Gay, Non-bio Dad’s Status as Legal Parent Case commented on: DWH v DJR, 2013 ABCA 240. This case began to wind its way through the courts when Mr. H. and Mr. R. split up. … Continue reading

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