palmertest

Barendregt v Grebliunas Hearing: Admitting New Evidence in Family Law Cases

New evidence is rarely introduced or accepted at appeal courts. However, this rule of thumb could change as the Supreme Court of Canada (“SCC”) hears submissions from counsel in Barendregt v Grebliunas. It is one of three cases the SCC is hearing on child custody matters Dec. 1st and 2nd, 2021, but this one could […]

The Shafia Case and Unwelcome Changes to The Palmer Test

To set the stage for this post on R v Shafia 2016 ONCA 812 (presently on leave to appeal to the Supreme Court of Canada (SCC)), I turn to the prose of Justice Watt at the Ontario Court of Appeal (“ONCA”): Boaters who travel the Rideau Canal system between Colonel By Lake and Lake Ontario […]