Jennifer Walker


#ThrowbackThursday: Pre-Divorce Act Divorces

As I wrap up Throwback Thursday Family Law month, I had to include this little piece of history I learned about one day while going through old Statutes of Canada. This may be old news to many of you, but I thought it was quite interesting. As too did Library and Archives Canada, since I’m going to shamelessly steal text from them for this:

The first federal Divorce Act was passed by Parliament in 1968, establishing a uniform divorce law across Canada. Before that, there were different laws relating to divorce in different provinces.

From 1840 to 1968, many divorces in Canada were granted by private acts of the Parliament of Canada. Before 1867, only five divorce acts were passed and published either in the Statutes of the Province of Canada or in the Journals of the Legislative Assembly of the Province of Canada.

From 1867 to 1968, in some provinces a person wishing to obtain a divorce was first required to place a notice of intent to petition the government for an Act of Divorce in the Canada Gazette and in two newspapers in the district or county where the petitioner resided. It was to appear for a six-month period.

The petition would contain details such as the date and place of the marriage, and events surrounding the demise of the marriage. In the case of adultery or bigamy, a co-respondent was often named. If the petition was allowed, Parliament would pass an Act of Divorce nullifying the marriage.

Between 1867 and 1963, a transcript of the Act was published in the Statutes of Canada for the current year. Between 1964 and 1968, the transcript was published in the Journals of the Senate of Canada.

For more from Library and Archives Canada, click here.


Recently Published Ottawa Decisions

Find below recently published Ottawa decisions, available for free through CanLII.org.

Family Matters

Himyary v Al-Yasiri (2017 ONSC 2340)
costs — father — motion — offers to settle — custody
Justice L. Sheard

Alwan v Aulaiwi (2017 ONSC 2309)
motion — third-party record holders — extend the time — leave — third-party disclosure
Justice R. Beaudoin

Children’s Aid Society of Ottawa v M.L. (2017 ONSC 2284)
child — care — father — home — paternal
Justice M. Shelston

Verhey v Verhey (2017 ONSC 2216)
spousal support — income — postsecondary — tuition — child support
Justice M. Shelston

Lundy v Lundy (2017 ONSC 2101)
co-estate trustee — estate — equalization — surviving spouse — incurred in good faith
Justice L. Sheard

Lockman v Rancourt (2017 ONSC 2274)
arbitration — peremptory — email — request for an adjournment — lawyer
Justice T. Engelking

Szonyi v Szonyi (2017 ONSC 2171)
procedural motion — substantial indemnity — endorsement — minutes of settlement — costs
Justice S. Corthorn

Civil Matters

Ramsarran v Assaly Asset Management Corporation (2017 ONSC 2394)
resort to the attenuated process — pleading — requisition — apparent on the face — vexatious
Justice R. Beaudoin

Continue Reading…


#ThrowbackThursday: Family Law 1992

As mentioned last week, this month for Throwback Thursday, we’re looking at past family law conferences put on by the CCLA. This week’s entry is the program from our first official Annual Institute of Family Law. This seminar was held in May 1992, and though this schedule doesn’t indicate the location, it was held at the Faculty of Law at the University of Ottawa. Fun fact: this conference was actually jointly sponsored by the Faculty of Law at the University.

 

 


Recently Published Ottawa Decisions

Find below recently published Ottawa decisions, available for free through CanLII.org.

Family Matters

Campbell v Campbell (2017 ONSC 2139)
estate — will — bifurcation — application — rules
Justice C. MacLeod

Szonyi v Szonyi (2017 ONSC 2171)
procedural motion — substantial indemnity — endorsement — minutes of settlement — costs
Justice S. Corthorn

Boyer v Brown (2017 ONSC 2047)
child support — costs — motion — arrears — offer
Justice L. Sheard

Derakhshan v Narula (2017 ONSC 1996)
motions — costs — time spent — summonses — hours
Justice L. Sheard

Derakhshan v Narula (2017 ONSC 1999)
motions — hours — spent — time — bad faith
Justice L. Sheard

Derakhshan v Narula (2017 ONSC 2053)
enough assets in to pay — motion — security for costs — waste of time — nuisance
Justice L. Sheard

Arnold v Deere (2017 ONSC 1936)
disclosure — orders — justly — finds — uncontested
Justice S. Kershman

Uriu v Rivadeneyra (2017 ONSC 1930)
costs — motion — return — parenting — awarded
Justice L. Sheard

Civil Matters

Farley v Ottawa (Police Services Board) (2017 ONSC 2197)
partial indemnity — costs of the motion — allinclusive — fees incurred — mathematical
Justice C. MacLeod

Continue Reading…


#ThrowbackThursday: Family Law 1983

This month, we’ll be holding the 26th Annual Institute of Family Law in Montebello. Accordingly, this month’s Throwbacks will feature programs from past family law conferences. You might be thinking at this point, however, that the title of this post says 1983, which is most definitely older than 26 years. And you’d be right!

A few weeks ago, I noticed a binder for the “Family Law Seminar” from 1983 on the shelf. If anyone can remember from the time what this was about, please leave a comment below! At any rate, what is clear is that before our Annual Institute of Family Law got started in 1992, we at least had this two-day seminar in May 1983 in Mont Ste-Marie. Here’s a look at the agenda:

 


#ThrowbackThursday: Cartier Square

My love for old pictures of Ottawa has been documented on this blog before, and I’m happy to report that I’m at it again! I stumbled upon these pictures of what used occupy the land the current Courthouse sits on, and I’m fascinated by the difference!

Certainly some of our readers will remember these, known as the Cartier Square buildings. They were constructed at the start of WWII and were specifically intended to be temporary buildings. Temporary in the case of the buildings on this lot lasted until 1980, when these were demolished. I particularly like the second photo above, looking at the front of the building (of what today would be the front of the Courthouse), from the position of Elgin and Nepean. A future post of what pre-dates Place Bell is certainly in the future!

If you’d like to learn more about Ottawa’s temporary buildings, I suggest this article from Urbsite. (In fact, I recommend spending a lot more time on Urbsite, if you’re into old Ottawa!)


Recently Published Ottawa Decisions

Find below recently published Ottawa decisions, available for free through CanLII.org.

Family Matters

Campbell v Lapierre (2017 ONSC 1645)
father — children s best interests — parents — joint custody — school
Justice A. Doyle

Fortier c. Lauzon (2017 CanLII 13618)
transfert du foyer conjugal — question des dépens — gain — représente lui-même — outrage
Juge M. Labrosse

Stacey v Stacey (2017 ONSC 1226)
father — children — costs — legal fees — flight
Justice M. Shelston

Astley v Labelle (2017 ONSC 1378)
costs — offer to settle — motion — bad faith — spent
Justice L. Sheard

Bédard v Crawford (2017 ONSC 1679)
disclosure — motion — ending — cross-motion requesting — statements
Justice T. Engelking

Continue Reading…


Resource Spotlight: The Comprehensive Guide to Legal Research, Writing & Analysis

Our newest “Oh my god, I love that book” title in the library is the excellent The Comprehensive Guide to Legal Research, Writing & Analysis. The second edition of this book came out last year, and it has won the praise of our library staff, both experienced and novice. Brenda and Emily enjoy the clear instructions for performing specific legal research tasks, particularly the wonderful use of full-colour screen grabs. Brenda (our more experienced law librarian) has found the book quite useful for researching jurisdictions outside of Ontario, for which this book has a chapter dedicated to each province and territory. Emily, who is a newer librarian, has enjoyed referring to the book for a wide variety of tasks, especially for those tricky numbers like finding Hansard debates. She’s even photocopied excerpts from the book to keep close at hand in case she needs them in the future.

We’re currently hoarding this book behind the main counter, but you will be able to find it soon at KF 240 M33 2016 in the “Reference” stacks (near the work tables).