Non-Parents and Access: What is the Law?

Blog Post
November 30, 2018
Read Time: 3 minutes

Who can apply for access to a child? Read about what the courts will consider when a person who is not a parent applies for custody or access.

Barwin Fertility Case – The Many Ways People Have Been Affected

Blog Post
October 23, 2018
Read Time: 1 minute

The case of fertility doctor Norman Barwin has affected countless individuals and families across Canada. Nelligan O’Brien Payne first commenced a class action against Dr. Barwin in 2016, alleging numerous errors in his fertility practice, including that he used his own sperm to impregnate women during fertility treatment at his clinic. Alison Motluk from the HeyReprotech Newsletter has published a list of the various kinds of discrepancies we have seen arising out of Dr. Barwin’s fertility practice.

Five Common Myths About Child Support in Ontario

Blog Post
October 16, 2018
Read Time: 3 minutes

Child support is rife with myths, misinformation and misunderstandings about the law, which can create expectations for parents as to what they could owe or receive in child support. This post will explain some of the more common myths about child support, and set the record straight about the Child Support Guidelines.

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.

Polyamorous relationships and the best interests of the child

Blog Post
August 23, 2018
Read Time: 3 minutes

The law is getting better at acknowledging and protecting family configurations that range beyond the nuclear, such as single parents and same-sex parents. However, there are some family units that the law has been slow to recognise. A case before the Newfoundland and Labrador Supreme Court looked at three adults in a polyamorous relationship.

Welcome, Ira Marcovitch and Emma Costain!

Blog Post
August 20, 2018
Read Time: 1 minute

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.

Discrimination in Canada’s Prisons: Risk Assessment Tools and Indigenous Prisoners

Blog Post
August 14, 2018
Read Time: 3 minutes

A recent Supreme Court of Canada case, Ewert v. Canada, found that some of the risk assessment tests employed by Canada’s prison system may in fact discriminate against Indigenous prisoners. The Canadian Association of Elizabeth Fry Societies (CAEFS) and the Native Women’s Association of Canada intervened on this case at the Supreme Court of Canada. Pam MacEachern and Natasha Chettiar represented CAEFS on a pro bono basis.

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 »