*Here are our leading legal headlines for the week of May 23, 2017 from Wise Law on Twitter: The Tipping Point: Regulation of Toronto’s Airbnb Market A third of Cosby’s jury pool has an opinion on his guilt or innocence Jury Selection to Begin Monday for Bill Cosby Trial Field
Continue readingAuthor: Rachel, Law Clerk and Office Manager
Wise Law Blog: Setting Up or Updating Child Support Online in Ontario
BY RACHEL SPENCE, LAW CLERK Wouldn’t it be amazing if you could avoid going to Court to update or set up your child support payments? The Government of Ontario has made that an option for some, by setting up a user-friendly site found here. It’s important to first note who
Continue readingWise Law Blog: Setting Up or Updating Child Support Online in Ontario
BY RACHEL SPENCE, LAW CLERK Wouldn’t it be amazing if you could avoid going to Court to update or set up your child support payments? The Government of Ontario has made that an option for some, by setting up a user-friendly site found here. It’s important to first note who
Continue readingWise Law Blog: Applying the Bardal Factors
BY GARRY J. WISE AND RACHEL SPENCE The innovative, former president of CanLii, Colin Lachance, recently acquired the iconic Maritime Law Book, and it appears that he is well on his way to continuing to revolutionize Canada’s legal information, publication and research industries. He recently launched “Bardal Factors,” a beta
Continue readingWise Law Blog: Applying the Bardal Factors
BY GARRY J. WISE AND RACHEL SPENCE The innovative, former president of CanLii, Colin Lachance, recently acquired the iconic Maritime Law Book, and it appears that he is well on his way to continuing to revolutionize Canada’s legal information, publication and research industries. He recently launched “Bardal Factors,” a beta
Continue readingWise Law Blog: Why You Need Practice Directions in Your Life
BY RACHEL SPENCE, LAW CLERKWhen I first embarked upon my journey in legal assisting, I thought memorizing the Rules of Civil Procedure, Small Claims Court and Family Court was going to be the key to my existence. I wasn’t completely wrong, but little did I know what the Practice Directions beheld,
Continue readingWise Law Blog: 3 Things I’ve Learned as a Law Clerk
BY RACHEL SPENCE, LAW CLERK Upon entering the legal field I was excited and eager to see if I had what it took to keep up in the real world, outside of school. I had been warned by other graduates that there was always a learning curve when starting, which
Continue readingWise Law Blog: LSUC Targets Racism in the Legal Profession
BY LARA FRIEDMAN AND RACHEL SPENCE “Effective responses to racial discrimination and racial profiling start with acknowledging that racism exists.” 18 — Ontario Human Rights Commission.” The Law Society of Upper Canada recently published a report, “Working Together for Change: Strategies to Address Issues of Systemic Racism in the Legal
Continue readingWise Law Blog: Viola Desmond to Grace the $10 Bill
Viola Desmond, known as the Canadian Rosa Parks, will officially grace the front of the $10 Canadian bill in 2018. In 1946 Nova Scotia, Ms. Desmond refused to sit in a movie theatre balcony designated for people of her race, and went to the main floor instead. She was forcibly
Continue readingWise Law Blog: Social Media in Family Law Matters
BY SIMRAN BAKSHI and RACHEL SPENCE How much is it worth to bash your spouse on social media? These days, the cost could be more than you might think.Canadian Courts have seen the use of social media as evidence in family law proceedings increase dramatically in the past few years. Westhaver
Continue readingWise Law Blog: Increase in Ontario Civil Filing Fees
BY RACHEL SPENCE AND LARA FRIEDMAN As of November 6, 2016, Ontario civil and small claims courts have increased their fees, the new amounts can be found here. This will impact both legal professionals and Ontario citizens involved in legal battles as the amount to have any document issued or
Continue readingWise Law Blog: Separation and Your Children’s Education
With school now back in session, what better time is there to consider how best to co-parent with your former spouse regarding your child(ren)’s education: What are best practices when co-parenting and communicating about school for young children? Your child’s school can actually facilitate the process of ensuring both parents
Continue readingWise Law Blog: Separation and Your Children’s Education
With school now back in session, what better time is there to consider how best to co-parent with your former spouse regarding your child(ren)’s education: What are best practices when co-parenting and communicating about school for young children? Your child’s school can actually facilitate the process of ensuring both parents
Continue readingWise Law Blog: How Your Social Media Footprint Can Backfire on You in Court
There is no denying that we live in a new age of social media, where expressing your inner most thoughts and personal feelings to an online audience is just plain normal.While it may be tempting to speak out about the trials and tribulations you encou…
Continue readingWise Law Blog: How Your Social Media Footprint Can Backfire on You in Court
There is no denying that we live in a new age of social media, where expressing your inner most thoughts and personal feelings to an online audience is just plain normal.
While it may be tempting to speak out about the trials and tribulations you encounter with your ex spouse following the breakdown of your relationship, airing your frustrations online can cost you a whole lot more than you think …
Canadian Courts have seen the use of social media as evidence in family law proceedings increase dramatically in the past few years:
- M(MJ) v. D(A), 2008 ABPC 379 -The Court in this case dismissed an application for guardianship for the parties’ child that had been brought by the Father, instead granting him very modest access. This decision was made in part due to the Court’s finding that the Father had “demonstrated and displayed publicly (at least to his some 95 “friends” on his Facebook page) his disregard and callous lack of consideration of the mother and his demeaning and dismissive attitude to her”. The Father’s online activities sadly led the Court to determine that: “… there is no evidence that these parents can work together or communicate effectively. The father’s actions around his Facebook link is indicative of his lack of respect for the mother yet asks that decision-making be shared. I believe in such a situation that a shared decision-making arrangement would be destructive and chaotic for the child. The child is entitled to grow up in an atmosphere free of acrimony, rancour, disharmony and disrespect. The father has demonstrated he is unable to act as a principled decision-maker for the child and his attitude to the mother further demonstrates that he will continue to be dismissive of her and will attempt to enforce his will on her at every opportunity if he had any decision-making authority. This is not in the best interests of the child.”
- W(JWA) v. B(A), 2008 NBQB 157 – In this case, the Court admitted Facebook photographs into evidence, which depicted the Mother dancing at a bar, drinking alcohol, and smoking marijuana. In consideration of the totality of evidence, including these photographs, the Court was of the opinion that the Mother lacked the same maturity as the Father, who appeared to be better suited to care for the child’s physical, emotional, social and economic needs. This ultimately led tot he Court finding that it was in the child’s best interest to reside primarily with the Father.
- Byram v Byram, [2011] N.B.J. No. 120. – The Mother in this case was granted custody of the parties’ children in part as the Court determined that the Father had “spared no effort to vilify the Applicant through Facebook and the internet….” In the circumstances, the Court was not prepared to grant joint custody, noting that this would only be appropriate in cases “where the parents can cooperate and communicate effectively”.
- Tran v Tran, 2015 ONSC 5838 – In this case, the Mother relied upon Instagram and Facebook posts as evidence that the Father was currently employed and had purchased a BMW instead of providing child support. Though the motion judge was not prepared to impute income to the Father, it was noted that the mother’s evidence was strong, and the issue was reserved for trial.
While it may seem like common sense, it is a beneficial reminder:
- To not post and/or tweet anything about or in relation to your ex online that is negative or alludes to negative feelings about them;
- Do not post anything in relation to any extracurricular/adult activities you may be involved in, or anything that could be misconstrued (In other words, posting that picture of you passed out in a bar surrounded by empty beer bottles may not be the best idea);
- Use your privacy settings and make your social media private;
- Do a thorough sweep of your “friends” on social media and delete/block anyone who may have the potential to create drama in relation to your family law matter.
- If you have a hard time maintaining your composure online, you may want to consider temporarily suspending or even deleting your social media accounts, particularly during the course of your family law litigation;
- As a rule of thumb, do not post or tweet anything that you would not want a judge to read.
– Simran Bakshi, Associate and Rachel Spence, Law Clerk
Wise Law Blog: Legal Aid Funding to Increase Provincially
Provincial Legal Aid will be provided with $30 million per year from the Justice Department. This, coming after 13 years of federal contributions remaining stagnant at $112 million per year. “All Canadians — no matter their means — should ha…
Continue readingWise Law Blog: 140Law – Legal Headlines for the Week of May 16, 2016
Here are the leading legal headlines from Wise Law on Twitter:For those missed last night’s #Blab. Watch our LawTalkRules requiring women to wear high heels to work should be illegal, U.K. petition says Proposed regulations would allow doctors to presc…
Continue readingWise Law Blog: 140Law – Legal Headlines for the Week of May 9, 2016
Here are the leading legal headlines from Wise Law on Twitter:Medically assisted suicide bill is ‘clearly unconstitutional,’ lawyer says – Toronto StarLawyer who won Carter case in High Court says assisted-dying bill guts ruling – CBC.caHospital worker…
Continue readingWise Law Blog: 140Law – Legal Headlines for the Week of May 2, 2016
Here are the leading legal headlines from Wise Law on Twitter:Lawyers, are you committed to your marketing plan? Should #lawyers be on social media? #BLAB on Tuesday @ noon w/ @sandra_bekhor, @LyraComm, and Joy Yusi of @wiselawOntario Recovers Thousand…
Continue readingWise Law Blog: 140Law – Legal Headlines for the Week of April 25, 2016
Here are the leading legal headlines from Wise Law on Twitter:Doctor gets green light to sue WSIB, employer – Waterloo RecordOvertime exploitation: One man’s claims of a 100-hour work week, and no overtime payUniversity accused of discrimination for re…
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