A recent decision by an appeal court in New York state has denied a sperm donor’s request to have a paternity test in order to be recognized as a child’s legal parent, noting that “biology is not dispositive in a court’s paternity determination.” What Happened? A man in question donated sperm to two lesbian women …
Read MoreIn a recent Ontario decision, the court grappled with the interesting question of when it might be appropriate to terminate a prior order for indefinite spousal support. What Happened? The parties were married in May 1986 and separated in July 2004, resulting in an 18-year marriage. After separation, the husband was ordered to pay the …
Read MoreCBC News reported this week that a 38-year old Jamaican woman is seeking to stop the adoption of her son by a B.C. family, a case that is raising some interesting legal issues. What Happened? The child at the heart of this legal battle was born in Jamaica and spent the first few years of …
Read MoreAn Ontario court recently considered a case where one party sought to terminate spousal support upon retiring. This decision looks at the various factors judges must weigh when determining whether or not there has been a material change in circumstances to justify varying an agreement for spousal support. What Happened? The parties began cohabiting in …
Read MoreLast December, the federal government implemented major changes to parental leave. As of December 3, 2017, eligible new parents planning to take parental leave can spread 12 months of employment insurance (EI) benefits over 18 months following the birth of a child. The changes are intended to provide parents with more flexibility for family responsibilities. …
Read MoreCheck out my article on “Why to Consider a Marriage Contract” in Elegant Wedding Magazine and online. https://directory.elegantwedding.ca/listing/beard-winter-llp/
Read MoreThe Ontario Superior Court of Justice recently dealt with the interesting issue of what an arbitrator must consider when making a determination about a party’s request to adjourn an arbitration hearing, so as to ensure that all parties are treated equally and fairly. What Happened? The parties signed their minutes of settlement in September 2011, …
Read MoreHappy New Year to everyone. I hope the holidays treated you well and you have survived the deep freeze. I spent a week at a cottage on the shores of beautiful Georgian Bay. I learned a lesson my mother tried to impart for years: Hats keep your head warm. But I digress… There has been …
Read MoreA judge in Nova Scotia gave custody of a toddler back to the child’s birth parents after finding that there would be no substantial risk of physical or mental harm to the child. The child had been removed from the parents care by the Minster of Community Services who felt that the parent’s mental health …
Read MoreA recent Ontario decision outlines when a court might make an adoption order – even if the biological parents do not agree to such an order. What Happened? The biological parents had one child, who was born in 2013. The mother was 16 years old when the child was born. The father had not been …
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