Articles 2021

Here at the OBA Citizenship & Immigration Law Section, we are proud of our volunteers and we are constantly looking for ways to highlight their work and achievements. Read on to find out how Les Morley went from helping those among the prison population in Kingston who had admissibility hearings, refugee claims and deportation appeals, to handling a broad range of unusual cases and developing strategies for people in complicated situations.

The Supreme Court of Canada addresses the issue of settlement privilege in the family law context in Association de mediation familiale du Québec v. Bouvier, 2021 SCC 54, but what are the practical implications on the typical person going through the family law process?

Research Lawyer Rebecca Winninger considers whether an Ontario court will give effect to a Quebec marriage contract that says the parties will be separate as to property. Recent case law suggests that if the agreement does not specifically address equalization of net family property, it will be difficult to show the parties intended to contract out.

Research Lawyer Maria Golarz reviews the longstanding principle that the status quo should be maintained until trial absent compelling reasons. She examines the case law considering this principle in the context of the COVID-19 pandemic. Where parents agree to changes because of concerns over the child’s safety or one of the parent’s employment conditions, does this create a new status quo to be maintained until trial?

The Canadian In-House Counsel survey conducted by the Canadian Corporate Counsel Association (CCCA) & Mondaq provided a summary of the state of Canada's in-house legal profession highlighting priorities and challenges to be faced in the year ahead.