Womens’ Rights groups including the Legal Education Action Fund, (LEAF), (who intervened in the decision) are rejoicing at the Supreme Court of Canada’s decision in Rick v. Brandsema 2009 SCC 10. The top court overturned the BC Court of Appeal decision awarding Nancy Rick, compensation amounting to $650,000 based in part on the exploitative tactics [...]

On February 19th, the Supreme Court of Canada released its decision in Rick v. Brandsema, 2009 SCC 10, in which it clarifies some issues arising out of an earlier Supreme Court decision, Miglin v. Miglin, [2003] 1 S.C.R. 303. Berend Brandsema and Nancy Rick were married in 1973. Together they established a dairy farm, Brandy [...]

On January 6, two men, Winston Blackmore and James Oler from the controversial polygamist community of Bountiful, BC were charged with practicing polygamy under s. 293 of the Criminal Code. Blackmore’s lawyer, Blaire Suffredine, has announced very publicly that he intends to challenge the controversial provisions of the Code as a violation of the Charter, [...]

The election of President-elect Barack Obama on November 4th was a euphoric moment for socially progressive American voters. The jubilation, however, was attenuated by the simultaneous passage of anti-gay legislation in four states. California, Arizona and Florida voted to ban same-sex marriages while, in a move targeting gays and lesbians, Arkansas banned unmarried couples from [...]

In recent years, same sex marriage has become one of the hottest legal and political topics worldwide. Latin America is no exception to this rule. Recently, in September 2007, the National Civil Court of Appeals, (“Cámara Nacional de Apelaciones en lo Civil”), rejected an injunction brought by a couple of two women that wanted to [...]

Le Patrimoine Familial In Québec, the family patrimony is established immediately upon marriage or civil union of two persons. The principle behind the family patrimony is that a marriage creates an equal legal and economic partnership between two individuals; therefore, when their partnership ends – whether by divorce, separation, annulment or death – they are [...]

The relationship between church and state is attracting increased attention in Denmark and the relationship between the Danish Protestant State Church and other religious group in Denmark is often intensely debated. The Protestant State Church comprises 82 percent of the Danes whereas e.g. the Catholic faith is a minority religion – comprising some ½ percent [...]

As promised, this is an analysis of the dissenting reasons by Abella J. in Stein v. Stein, 2008 SCC 35. The facts of the case can be found here as outlined by Matthew Shogilev. We begin, though, with a quick review of the majority’s reasons for the judgment. Stein v. Stein revolves around the question [...]

When a marriage ends in a divorce it is commonplace for assets to be split equally between spouses. According to a divided Supreme Court in Stein v. Stein 2008 SCC 35, the same 50/50 split that generally applies to the splitting of assets in divorce, also attaches to the apportionment of tax liability. Writing for [...]

When Mildred Loving died on May 2nd, she left behind one of the landmark cases in 20th-century common law. Loving v. Virginia 388 U.S. 1 affirmed the Equal Protection Clause contained within the 14th Amendment of the United States Constitution, and struck a blow against bigotry and legally enshrined racism. Beyond its importance in the [...]