Bankruptcy Discharge Set Aside to Allow Equalization Claim Against Exempt Farm Property: MBQB

The clearly inequitable outcome in Schreyer v. Schreyer, 2011 SCC 35 (the Manitoba case in which a wife's equalization claim was extinguished by her husband's discharge from bankruptcy leaving her no remedy against the exempt farm property) has been redressed in Bankruptcy of Anthony Leonard Schreyer, 2013 MBQB 179. The court granted the wife's motion to rescind the original discharge pursuant to s. 187(5) of the Bankruptcy and Insolvency Act and leave to continue her equalization claim with respect to the exempt property pursuant to s. 69.4. The court dismissed the husband's argument of undue delay, pointing out that the equities were all in the wife's favour considering the husband's conduct in misleading the trustee and the way in which the wife "was led through a long and expensive court process" with the husband's consent and "the approbation of the court, only to find out that she could not pursue the equalization claim." The court commented on the underappreciated nuances of bankruptcy law and how it can impact family proceedings as follows:

It is indeed unfortunate that the principles of bankruptcy law and family law continue to be at cross-purposes. In addition it is an unfortunate reality that lawyers practising family law tend to be unaware of the potential implications of bankruptcy legislation as it from time to time impacts family law proceedings, and some judges including those who specialize in family law matters are also unfamiliar with the bankruptcy legislation...

"Fit and Just" Custody Variations: MBQB

Sealing Orders on Child Protection Agency Records: MBQB

The court canvasses the law concerning sealing orders and child protection agency records in family court proceedings in DiMartino v. DiMartino, 2013 MBQB 206. After weighing the constitutional right to open courts against the competing public interest in protecting the confidentiality of child and family services records the court concluded that, in family court proceedings, the benefit of not permitting disclosure of records "almost invariably" outweighs the potential negative impact upon access to the courts. The court made the interim sealing order permanent, subject to a media exception in keeping with s. 75 of the CFSA. 

Case Conference System Under Review

Manitoba Court of Queen's Bench judges have established a committee to look at ways to improve the case conference system, including a review of the Case Management Information Statement form (Form 70S.1 and 70S.2).

Promoting Access to Justice

The Action Committee on Access to Civil and Family Justice released its final report A Roadmap for Change this month.The report promotes a broad understanding of the access to justice problem facing our civil and family justice system, identifies a new way of thinking to guide reform, and provides an access to justice roadmap for real improvement. (page 1)

And, Toronto family lawyer Andrew Feldstein has published the first of 6 white papers on the need for immediate change in our family law system on his website It's Time for Justice.

Family Law Publications

The Department of Justice Canada has recently released two new publications for separating parents: Making Plans, a guide to help parents put their children first when making parenting arrangements, and Parenting Plan Tool, a summary of what should go into a parenting plan.

 The October 2013 edition of The Family Way, the CBA National Family Law section newsletter, contains several articles that may be of interest to family law lawyers, including a summary of the results of the section survey on enforcement of orders for access and a discussion of a recent Quebec Court of Appeal decision on unmarried partners and unjust enrichment.

Pitblado Lectures

The 2013 Isaac Pitblado Lectures, Human Rights Challenges and Achievements, will take place November 22-23, 2013, at the Fort Garry Hotel. Presenters will cover a variety of topical human rights issues including equality jurisprudence, the future of human rights tribunals and commissions, and how international human rights law impacts Manitoba practice.

Family Law Section Program: MBA

The Family Law section of the Manitoba Bar Association is presenting the program Relocation - To Move or Not to Move?? on November 1, 2013, from 1:00 to 3:00 p.m. in the Law Society classroom. Queen's University professor Nicholas Bala, a national and international expert on relocation, will discuss the research, case law, trends, and proposals for reform on this issue. Professor Bala is part of a Manitoba working group considering legislative changes in this area.

Collaborative Divorce and Conflict Resolution Training: CPM

Collaborative Practice Manitoba is presenting an all-day training program on Comprehensive Collaborative Divorce and Conflict Resolution on November 29, 2013. Presenters Anu Osborne and Judy Haid will focus on integrating conflict resolution into the collaborative practice model and will provide participants the opportunity to apply their skills to a case. Contact info@collaborativepracticemanitoba.ca for further information.