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 »

Elder Abuse – What Should I Be Looking Out For?

Blog Post
June 15, 2018
Read Time: 2 minutes

A growing senior population also means a growing number of vulnerable people. It’s an unfortunate reality that the elderly are often the victims of abuse. This can range from emotional abuse and manipulation, to financial abuse and sometimes even physical abuse. It is up to family members and friends to be on the lookout for any kind of elder abuse. Here are some red flags you should be aware of.

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.

Bill C-78 – Modernizing Family Law in Canada

Blog Post
May 25, 2018
Read Time: 1 minute

What is Bill C-78 and how does it update divorce law in Canada? Our latest Family Law blog post looks at the introduction of this bill, and what changes it proposes to family law legislation.