November 4, 2022
Nova Scotia consulting on reforms to parentage laws
The Access to Justice and Law Reform Institute of Nova Scotia has just published a discussion paper seeking the public’s views on its proposals to reform the law of parentage in that province. In its Parentage Act Discussion Paper (PDF), the institute notes that “Nova Scotia is the only jurisdiction Read more…
September 1, 2022
In “a case about everything the parties did wrong to achieve a particular goal,” Ontario court illustrates the differences between guardianship and parentage
Jacobs v Blair, 2022 ONSC 3159, was a case involving a dispute between two couples over the parentage and guardianship (which consists of, in the words of Ontario’s legislation, “decision-making responsibility, parenting time, contact and guardianship with respect to children”) of a young child. The case illustrates some fundamental differences Read more…
August 18, 2022
Parentage committee starts discussion on surrogacy and independent legal advice
This month, the Parentage Law Reform Project Committee focused on two issues: surrogacy and independent legal advice. Should conception by sexual intercourse be permitted for traditional surrogacy? Section 29 of the Family Law Act governs surrogacy. Surrogacy is when a person carries a child for someone else. There are two Read more…
July 29, 2022
Parentage committee finishes discussion of donors and parentage
This month, the Parentage Law Reform Project Committee focused on donors and parentage. The Committee started this topic in the June meeting. Section 24: Should there be more flexibility around donors and parentage? Section 24 of the Family Law Act states that a donor is not automatically a parent by Read more…
June 9, 2022
Supreme Court of Canada considers the significance of biological ties of parenthood in assessing the best interests of the child
In a decision released late last week, the Supreme Court of Canada commented on the diminishing significance of biological ties of parenthood in determining who a child’s guardian should be. B.J.T. v J.D., 2022 SCC 24, was a case with “a long, complicated history,” which the court summed up in Read more…