It’s a common misconception that common-law partners have the same rights and obligations as married spouses. However, as with most provinces in Canada, this is not the case in New Brunswick.
In New Brunswick, while the property rights of married spouses are regulated by legislation, Judge made law governs the rights of common-law partners.
So what happens to property when common-law partners separate? Unlike married couples, common-law partners are not automatically entitled to share in the property accumulated during the relationship, unless they jointly hold the title. Otherwise, a common-law partner must prove his or her con...
A litigation advocate is expected to represent a client in a civil or criminal trial to the utmost of his or her capabilities, no matter what he or she may personally think of the client, or the case. In so doing, the advocate must at all times carry out the task with fairness and honesty, particularly in all dealings with the court and fellow lawyers.
It is said that the most important attribute of an advocate is his or her reputation; this is what earns an advocate the respect of colleagues, the receptive ear of the court, and ultimately the confidence of the client.
Traditional methods of training lawyers typically focus exclusively on the academic a...
While divorces are never a pleasant thing to go through, the process isn’t always as dramatic as you may imagine. Not all divorces are settled contentiously in a courtroom like you see on TV. The alternative solution? Collaborative practice.
This concept was developed in the early 1990s, in response to an apparent surge in the rate of divorce and marriage breakdown. Stu Webb, a Minneapolis, Minnesota attorney, developed the process because, as a family law practitioner, he was upset with the misery of adversarial litigation for family law.
Webb developed a process that enables spouses to engage in a series of four-way meetings where i...