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June 13, 2001
Final word?Letter from John Kromkamp, Senior Legal Office, Court of Appeal for Ontario
Re: A Deal is a Deal, June 11.
By comparing the Miglin v. Miglin decision to the personal injury case of Tsaoussis v. Baetz, your editorial suggests that the Court of Appeal has departed from the "bedrock legal principle" of finality in a way that creates "blatant double standards." There is no bedrock legal principle of finality in family law. In family law, agreements have never been considered as necessarily being final; the question instead has been what the threshold should be for deciding when and whether to depart from their terms. The comparison of tort law and family law in this editorial shows an unfamiliarity with the relevant legal principles and statues and an indifference to the responsibility to accurately inform the public.
John Kromkamp, Senior Legal Office, Court of Appeal for Ontario, Toronto.
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