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This Week in Family Law Newsletter

Issue 21-47 - December 5, 2021

December 2, 2021 was a HUGE day for family law at the Supreme Court of Canada.

Not only did the Court grant leave to hear the mother's appeal from the Ontario Court of Appeal's decision in N. v. F. (2021), 62 R.F.L. (8th) 7 (Ont. C.A.) (see our discussion of this case in the October 4, 2021 edition of TWFL 2021-38), but it also heard and granted three family law appeals that dealt with, among other things, the standard of appellate review in family law cases and new evidence on appeal (Alansari v. Kreke, 2020 CarswellSask 522 (C.A.); J.D. v. DCP, et al, 2020 CarswellPEI 73 (C.A.); and Barendregt v. Grebliunas (2021), 50 R.F.L. (8th) 1 (B.C. C.A.) — see also our discussion of Barendregt in the May 17, 2021 edition of TWFL 2021-19). The Court's reasons are not yet available (and may not be available for a while), but we will let you know once they have been released.

A Tale of Two Stays . . . Well . . . Sort of . . .

Titus v. Kynock (2021), 61 R.F.L. (8th) 1 (N.S. C.A.) — Beaton J.A.

Ekeberg v. Swan (2021), 61 R.F.L. (8th) 253 (Alta. C.A.) — Feehan J.A.

Playing with Non-Suits? Probably More Safe to Play with Matches.

J.L. v. Children's Aid Society of Ottawa and S.D., 2021 CarswellOnt 13474 (Div. Ct.) — Corbett, Kristjanson, and Swartz JJ.

To read the full newsletter of Franks & Zalev - This Week in Family Law (Issue 21-47) click here.