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…

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…

December 1, 2021

Notice and best interests of the child considered at November 2021 Parentage Law Reform Project Committee Meeting

At the latest monthly meeting of BCLI’s committee considering reforms to part 3 of the Family Law Act the committee considered two issues concerning section 31 of the act, which sets out the framework for court orders declaring parentage. The first issue concerns notice of applications to court under the section. Section 31 Read more…

November 26, 2021

Manitoba introduces new parentage legislation

A bill has just been introduced in the Legislative Assembly of Manitoba which will “replace” the province’s current parentage legislation and “establish new rules respecting the parentage of children conceived through assisted reproduction, including where a surrogate is used.” The provisions of the Manitoba bill most closely resemble those found in Saskatchewan’s parentage legislation, Read more…