Welcome, Ira Marcovitch and Emma Costain!

Blog Post
August 20, 2018
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The Family Law Practice Group at Nelligan O’Brien Payne LLP is pleased to announce two new members of the team, associate lawyers Ira Marcovitch and Emma Costain.

The Right to One’s Image – Privacy Laws in Quebec

Blog Post
April 23, 2018
Read Time: 3 minutes

The civil remedies available to deal with the problem of “revenge porn” are still in their early stages of development in Ontario. By contrast, the principles applicable to these cases have been settled for quite some time in Quebec. This post looks compares Ontario privacy law with the law in Quebec.

Celebrating the 20th Anniversary of Vriend v Alberta

Blog Post
March 29, 2018
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April 2, 2018 marks the 20th anniversary of Vriend v Alberta, the landmark equality rights case that is among the most important civil rights moments in Canadian history. Delwin Vriend fought an uphill battle on his journey to the Supreme Court of Canada to challenge discrimination on the basis of sexual orientation.

Mediation, Arbitration and Litigation: What’s the Difference?

Blog Post
December 11, 2017
Read Time: 3 minutes

It is a common misconception that all legal disputes are resolved in the court-room. In fact, only a fraction end up going to litigation; most are resolved through alternative dispute resolution, such as mediation or arbitration. It all depends on the complexity of the issue and the parties involved. So what is the difference between mediation, arbitration and litigation?

Marta Siemiarczuk’s Article Series in the Law Times

Blog Post
December 6, 2017
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Outside of her family law practice, Marta Siemiarczuk has also been busy this year writing a series of articles for legal newspaper Law Times. Looking at cases from the Ontario Court of Appeal, Marta explored everything from retirement to marriage contracts.

Aboriginal Heritage and Cultural Identity: Should These be “Super-Weighted”?

Blog Post
September 7, 2017
Read Time: 2 minutes

Only months after Ontario voted to adopt sweeping changes to the child protection and public adoption regime to take into account unique Indigenous relationships, a decision by the British Columbia Court of Appeal makes one wonder just how meaningful this reform will be in Ontario.

Team Google, World Internet Police?

Blog Post
July 7, 2017
Read Time: 4 minutes

Last week, the Supreme Court of Canada released its landmark ruling in the Google v Equustek case. The Google case is the latest chapter of a global shift that has seen neutral online intermediaries, like Google and Yahoo, conscripted into active enforcement roles. The impact of this ruling will play out globally in the coming months and years.

Do Time-limited Travel Consents Lay A Foundation For Child Abduction?

Blog Post
September 30, 2016
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In a unanimous decision last week, Balev v Baggott, the Ontario Court of Appeal interpreted legislation on international child abduction and ordered a mother to return her two children to Germany, where the father currently resides.

Life Insurance: Protecting Support Obligations after Death

Blog Post
April 28, 2016
Read Time: 3 minutes

What are the insurance implications when one party has a spousal and/or child support obligation to the other? It is common practice to require the payor spouse to designate the recipient spouse as the irrevocable beneficiary of a life insurance policy. This is done either by agreement or by a court order. The minimum required face value of the life insurance policy is set at an amount large enough to ensure that the payor’s support obligations are fully covered in the event of the payor’s death.