Adoption and non-spousal relationships: Marta’s groundbreaking case

Blog Post
September 20, 2018
Read Time: 2 minutes

Earlier this week, a ground-breaking decision was released that involved our very own Marta Siemiarczuk. Marta assisted two women in a non-romantic relationship to apply to adopt a foster child in their care. She successfully argued that this law is discriminatory and infringed their rights guaranteed under section 15 of the Charter.

Can an embryo be treated as “property”?

Blog Post
August 3, 2018
Read Time: 3 minutes

It is estimated that around 16 per cent of couples in Canada experience infertility, and more and more people are turning to assisted reproduction to form their families. This can bring with it a whole raft of new legal issues. A recent precedent-setting case by the Ontario Superior Court of Justice, S.H. v. D.H., looked… Read more »

Bill C-404: How Will It Change Surrogacy in Canada?

Blog Post
May 30, 2018
Read Time: 2 minutes

What is Bill C-404 and what changes does it propose to surrogacy in Canada? In our latest Family Law blog post, Erin Lepine looks at the Bill and the repercusions for the governance of reproduction.

Surrogacy – Erin Lepine Writes for the Law Times

Blog Post
May 8, 2018
Read Time: 1 minute

Family and Fertility lawyer Erin Lepine has written an article for the latest issue of Law Times, called “Stop the commercialization of surrogacy”. The article discusses the push by Anthony Housefather, chair of the House of Commons justice committee, to decriminalize payment in surrogacy, egg donation and sperm donation arrangements in Canada. Erin argues that the commercialization of surrogacy would violate a number of core Canadian values.

Peter Cronyn Featured in Lawyers Daily Article – Part 1

Blog Post
May 7, 2018
Read Time: 1 minute

Peter Cronyn was featured in a Lawyers Daily article this week, called “Wrongful impregnation of patients with fertility doctors’ own sperm raises novel criminal law questions, experts say”. It is the first in a two-part series. The piece looks at the legal implications of misconduct in fertility treatment, and discusses Dr Norman Barwin, the fertility doctor who is alleged to have inseminated patients with the wrong sperm, sometimes his own.

Canadian Infertility Awareness Week

Blog Post
April 26, 2018
Read Time: 1 minute

This week is Canadian Infertility Awareness Week. Did you know that Nelligan O’Brien Payne has a strong and talented group of lawyers practising in fertility law matters? Below are links to some of our recent blog posts.

Dr. Barwin – Media Coverage

Blog Post
April 12, 2018
Read Time: 2 minutes

The story of Dr. Norman Barwin and the allegations that he used his own sperm in his fertility practice has been widely reported. It is testament to what a devastating story it is, and how life-changing for the patients and children involved. The class action against Dr. Barwin has made news not only in Canada, but around the world. Below are some selected articles.

The Barwin Babies: A CTV W5 Investigation

Blog Post
April 5, 2018
Read Time: 1 minute

In 2016, Nelligan O’Brien Payne commenced a class action law suit against Dr. Norman Barwin who allegedly used his own sperm to impregnate up to 11 patients seeking fertility treatments at his clinic, the Broadview Fertility Clinic. CTV’s W5 investigated this story, and it will air on Saturday, April 7th at 7pm.

Defining (and Redefining) the Meaning of “Spouse”

Blog Post
February 1, 2018
Read Time: 2 minutes

The definition of “spouse” is constantly being honed and refined. Over the last twelve months, the Ontario legislature has been attempting to update the definition of “spouse”, in order to make it as inclusive as possible.