Canadian Lawyer

March 2010

The most widely read magazine for Canadian lawyers

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Do you have clients with family business succession issues? The Succession Fund™ buys shares in private companies to support share- holder realignments and succession transactions. If you have a client who wants to buy out one or more shareholders, contact Larry Klar at (416) 867-8090 or klar@argosypartners.com www.successionfund.com "Someday, son, 50% of this will belong to your ex-wife." ™Trademark of Argosy Partners Ltd. Meanwhile, most experts seem reluc- tant to legislate the use of electronic communication for access visitation in Canada. "I think in Canada we certain- ly have the flexibility at present," says Queen's University law professor Nicholas Bala. "While there are things that I'd like to see changed in our child-related laws, I don't think this needs to be specifically addressed by the legislature." Bala does believe in the benefits of online communication in the visitation process. He says while it is not the same as an in-person visit, "it can certainly be valuable in cases where people are further apart." He adds that the viability of these tools also depends on the age of the children involved. Bala notes that children become more adept with such technology in their teenage years. "The other thing is that as children age, access increasingly occurs on their terms. So if you have a five-year-old child you can say, 'This is the order,' and one of the things about the order if the child is younger, is that the electronic communi- cation has to be facilitated by an adult." Bala also highlights how important gosy_CL_Aug_09.indd 1 7/15/09 2:07:32 PM Capacity to Marry and the Estate Plan Helping you to understand the legal issues involved This is the first comprehensive resource to look at the validity of marriages in the context of estate administration, planning and litigation. It explores the requisite capacity to contract marriage and with it testamentary capacity, capacity to manage property and the person, with a focus on predatory marriages. ORDER your copy today Hardbound • 154 pp. $78 • February 2010 P/C 0871010000 ISBN 978-0-88804-500-3 The authors possess various expertise offering guidance from both legal and medical points of view, providing commentary and analysis of the legislation, case law and societal issues. As a result, this resource helps legal practitioners to ask the proper questions when advising their clients. in-person communication is for the development of parent-child relation- ships. A lot of human interaction is non-verbal, he notes, adding, "family life is one of those things that requires physical presence." Moncton, N.B., family law practitio- ner Brenda Brown often issues requests to the court that webcam visits be included as a provision in long-distance visitation. She agrees such arrangements work better with teens, as younger chil- dren often lack the attention span to make such visits meaningful. Brown suggests general changes in For a 30-day, no-risk evaluation call: 1.800.565.6967 CL0310 Canada Law Book is a Division of The Cartwright Group Ltd. Prices subject to change without notice, to applicable taxes and shipping & handling. Whaley_Capacity to Marry (CL 1-3sq).indd 1 52 M ARCH 2010 www. C ANADIAN Law ye rmag.com the way divorces are playing out may be contributing to greater use of elec- tronic communications. "In the past, we had a pretty traditional kind of arrange- ment for separated couples," she says. "Typically moms had custody, and dads had access. But we're finding more and more joint custody, which means parents are sharing, and dads are more involved. The pendulum has swung to give them more generous access, more involvement in kids' upbringing, and then lo and 2/10/10 11:18:34 AM Kimberly W The Honourable Justice H haley, Dr. Michel S eather McGee and H ilberfeld, elena Likwornik

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