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There have been interesting developments in the law of compensation for assaults in a family proceeding as highlighted by the Shaw case. The assault in this case occurred when Mr. Shaw allegedly threw his wife, Ms. Brunelle, out the front door of their home and she fell and broke her right wrist. Her lawyer, Michele Labrosse, brought a Family Law Act Application and I was retained to argue the claim for damages for the assault. (Decision Tab I) The grafting of damage laims to Family Law Applications may be uncommon but the are growing.
What’s Hidden Behind the Family Trust: Dealing with Family Trusts in Family Law Matters
One can define a trust by first describing what it is not. It is not a separate legal entity, such as a corporation. It cannot own property. Rather, it is an arrangement whereby the legal rights over property are divided between the trustee and the beneficiary. Title is held by the trustee but the right to enjoy the property belongs to the ben eficiary (Spencer v. Riesberry (2012), 17 R.F.L. (7th) 94 (Ont. C.A.) at paras. 53 and 54).
Family Law Claims
Diana Carr is a Queen's grad and currently a sole practitioner. She has practiced exclusively in family law for 25 years. A long-time member of the Planning Committee of this program, she is also a member of the Community Liaison and Resource Committee and a panel member of the Office of the Children's Lawyer for over 20 years. She is also a former member of the Bench and Bar Committee, previously taught at the Bar Admission course and regularly makes presentations about family law at CLE events. One of her best volunteer jobs was as a member of the Marty/Royce Scholarship Committee at Queen's University, which provided, annually, the opportunity to review amazing applications from gifted, female students with post-graduate plans for a variety of studies from creative dance to cancer research.
Gordon’s practice is restricted to Family law. He has been in practice with MacKinnon & Phillips, Barristers and Solicitors, since 1987. Gordon was certified as a Specialist in Family Law in 1994. He was called to the Bar of Ontario and Yukon in 1982, and received his L.L.B. from the University of Ottawa in 1980.
Justice Heather J. Williams was appointed to the Ontario Superior Court of Justice in Ottawa in May, 2017 after practising civil litigation in Ottawa for more than 25 years. Justice Williams practised with Cavanagh Williams LLP (which now goes by some other name) and before that, with Nelligan O’Brien Payne (formerly Nelligan Power). Justice Williams is proud to be a past president of the County of Carleton Law Association and a former chair of the CCLA’s Civil Litigation Updated conference at Mont Tremblant.
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*see individual programs and jurisidictional allowances for accredited hours/requirements for Canadian law societies.