Legal Updates
We’re Not Married, What About My Pension?
While un-married or “common law” couples in New Brunswick are not subject to division of marital property under the Marital Property Act, this does not mean that unmarried couples have no rights at all in one another’s property. As the term “common law” implies, rather than being governed by...
Are Canadian Courts Doing Justice to Section 1 of the Charter?
The global Covid-19 pandemic, and the unprecedented government incursions into the rights and freedoms of Canadians that have resulted from it, represents a pressure test for the section 1 analysis first developed in R v. Oakes, [1986] 1 S.C.R. 103 and synthesized in subsequent decisions. Never...
Unequal Distribution of Marital Property? When and Why?
The Marital Property Act, RSNB 2012, c 107, like other marital property legislation across Canada, contains a presumption that the property of both spouses is to be distributed equally between spouses upon the dissolution of the marriage.[i] This presumption is enshrined at section 2 of the Act...
Publications
Jonathan Martin has published articles on a number of topics, including on construction litigation, family law, and constitutional law. Below is a list of his publications (online ones hyperlinked): "When Is A "Bridge" Not A "Road"?: The Application Of The Builders' Lien Act To Overpass Projects",...
Notable Matters:
R v Tabernacle Family Church Inc., 2023 NBKB 14 His Tabernacle Family Church Inc. et al. v. Province of New Brunswick (Minister of Health), 2022 NBCA 36 Law Society of British Columbia v. Trinity Western University, 2018 SCC 32, [2018] 2 SCR 293 Trinity Western University v...