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The present study revolves around an observation by the Honorable Nicholas Kasirer according to which an incompatibility of temperament exists between civil liability and conjugal life, making it difficult to sanction faults committed between spouses or de facto spouses by virtue of the extra- contractual liability regime. Drawing a connection between two legal disciplines - family law and civil liability - the proposed reflection revolves around the deviations incurred by the norm depending on the bond uniting the parties. In order to identify these deviations, the author first turns their gaze to the past, highlighting the technical and moral obstacles that have historically hindered the effectiveness of the law of extracontractual liability in the conjugal context. A picture of the contemporary jurisprudential treatment of the various faults relating to conjugal and married life is then drawn up. Through this exercise, certain behaviors recently assimilated to the commission of a civil fault, such as parental alienation, are highlighted. At the end of this portrait, the reader will be able to observe the shift incurred by the aims of the law of extracontractual liability as it interacts with the conjugal and marital cell. Initially used as a tool to protect the institution of marriage, the general regime of extra-contractual liability is increasingly seen as an essential vector in the establishment of a fundamental conjugal and marital civility.

The 11th edition of Family Law: Cases, Notes and Materials is a comprehensive, carefully curated collection of text, cases, commentary, notes, and questions dealing with the key areas of family law. It is intended as the fundamental text for introductory courses in family law, but, as with previous editions, it is also a useful initial research source for practitioners. This book provides up-to-date coverage of the main issues in family law, the laws governing marriage and divorce, property for both married and unmarried cohabitants, spousal support, child support, parenting, and domestic agreements. This edition includes coverage of emerging aspects of family law as well, such as evolving concepts of parentage, hearing the views of children, the impact of family violence, and social trends that affect family law in an increasingly diverse Canadian society. The 11th edition includes: detailed consideration of the 2021 reforms to parenting laws in the Divorce Act (Bill C-78) and corresponding provincial legislation, and the Supreme Court in BJT v. DT ; greater emphasis on inter-relationship of various issues in family law, in particular, significance of family violence for a range of issues, including the Supreme Court decision in Barendregt v. Grebliunas ; more emphasis on issues of professional responsibility, ethics, and the practice of family law ; updated discussion of issues related to domestic contracts, including the Supreme Court decision in Anderson v. Anderson ; greater consideration of issues related to the increased diversity of Canadian society and the growing number of multiracial families ; consideration of legal issues related to polyamorous families and parenting of transgender children. --publisher.

"This title addresses civil procedure in Ontario, from preliminary considerations to appeals of motions, applications and actions. It provides readers with knowledge of the litigation process in the Superior Court of Justice and the Court of Appeal for Ontario."-- Provided by publisher.

In the article, we make three claims. First, we argue that a large number of what are traditionally seen as separate torts are, at their core, all about affronts to the dignity of the victim. These include offensive battery, assault, false imprisonment, intentional infliction of emotional distress, defamation, invasion of privacy, some nuisances, and abuse of process (malicious prosecution). These torts do not involve direct physical harm but, rather, emotional distress from having your dignity attacked. Second, we argue that as these torts have developed inside of their own doctrinal silos, there are important differences among the laws governing them. Third, we argue that these differences are not justified and that it would be better to create a consistent tort approach to dignitary harm: tort recovery should lie for injuries resulting from wrongful conduct that is highly offensive and causes more than minor harm. This, it turns out, is the standard that currently applies in a majority of jurisdictions for privacy invasions. If more widely adopted, this standard would, for example, far more easily allow recovery for nasty verbal sexual (or other) harassment, since intentional infliction of emotional distress currently requires a much stronger showing. At the same time, it would preclude recovery for minor physical touchings that technically now qualify as offensive battery. We think this achieves the balance much better.

This article proposes a new conceptual framework for parent-child and adult relationships in the Civil Code of Québec based on the theory of relationships of economic and emotional interdependency. It puts forward a new théorie générale for relationships in Quebec civil law. It argues that the Code should concentrate on relationships of economic and emotional interdependency, irrespective of their form or of their fulfillment of formalities. Their content and qualities should be the law’s object, hence allowing for a functional account of families and personal lives. Doing so would require a recodification of economic and emotional relationships in the Code, to provide a more meaningful legal framework addressing families and personal lives. Fundamentally, the hope is to shift the normative content of family law in Quebec private law from “the family” to relationships, and to take a stance against family law exceptionalism.

How intimate partner violence (IPV) is conceptualized affects what we see when we look at situations involving IPV and what we think the solutions to the problem of IPV are—either in individual cases or in the development of broader legal and policy responses. In this article, it is suggested that while conceptualizing IPV as coercive control is an improvement over previous understandings, it does not go far enough. Coercive control must be located within a broader conceptualization of IPV as a form of social and systemic entrapment if it is not to operate in a harmful manner for victim-survivors.

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Jennifer Koshan, Janet E Mosher, Wanda A Wiegers, 2020 CanLIIDocs 3160

This article criticises the government's rejection of proposals by the Prison Reform Trust that would have extended self-defence in householder cases to victims/survivors of domestic abuse. The authors argue that the Prison Reform Trust proposals should be enacted, and further supported by novel complementary reform of the option to retreat, and the exclusion of intoxicated mistaken belief in self-defence claims. Specifically, the authors advance a statutory rebuttable presumption regarding the option to retreat in cases involving domestic abuse, namely, an assumption that the victim/survivor was not realistically able to retreat safely, unless it is proven otherwise. The authors also examine the appropriateness of the policy decision to exclude intoxicated mistaken belief in all self-defence cases and advocate for its removal. It should be replaced with a requirement that all mistaken beliefs must be reasonable regardless of the presence of intoxication. Procedural recommendations are also advanced, including amendment of the Crown Court Compendium to include judicial directions on self-defence which adopt a social entrapment approach in domestic abuse cases, and supported by the admissibility of non-medical expert evidence on the nature and impact of coercive control.

Intimate partner violence (IPV) has both serious consequences for its victims and high rates of recidivism. Risk assessment measures are an integral part of preventing IPV recidivism. The use of brief IPV-specific measures is particularly relevant in settings, such as corrections, where resources are limited. The RBAC-VPI is a 15-item IPV risk assessment designed as a supplement to general risk measures, making it efficient to use in various settings. Validity was tested in a sample of 222 men in the province of Quebec, Canada convicted of a violent offence where the victim was an intimate partner. Participants were evaluated using the RBAC-VPI, a general risk assessment (RBAC-PCQ), a standalone IPV risk assessment (SARA-V3), and a psychopathy assessment (PCL:SV). The RBAC-VPI showed acceptable reliability and very strong convergent validity with the other measures, most notably with the SARA-V3 (r = .51), while containing fewer items and being quicker to administer. A Rasch model item response theory analysis further supported the validity of the measure’s items. Items showed excellent model fit and a good difficulty distribution. Only two items were identified as redundant and one as less informative. This suggests that the RBAC-VPI is both brief and highly informative.