lornehanks

[lornehanks]

My podcasts of 2020

I listen to a lot of podcasts, so here are some of my favourites of the last year. WTF with Marc Maron I'm a long-time listener, but this has been a hell of year with Marc. At first the pandemic seemed like a challenge for someone who's focussed on long format face-to-face interviews in his garage. But he quickly embraced videoconferencing and it unlocked a whole new level of interviews for him. And then of course his partner, filmmaker Lynn Shelton, passed away in May, and the podcast became part of a fairly open grieving process. One thing about Maron is he has never missed a show. The Monday after Lynn died, I would absolutely have understood if he did not put up an episode, or at least did a re-run. But there he was, and it was very raw and there was a real sense that his one-way relationship with his listeners matters to him. Saved episodes: Barry Sonnenfeld (April 23rd) and Barry Levinson (Sept. 24th). Thew two Barrys kind of cover most of the important films of the last 30 years between them, and their talks with Marc are just the best. You Must Remember This In May, Karina Longworth's well-produced long-running deep dive into Hollywood history received the back-handed compliment of inclusion on 10 Podcasts to Help You Fall Asleep . And I'd be lying if I said I'd never drifted off to the sound of Ms. Longworth's soothing voice telling me about hottible things Louis B. Mayer used to do. But it's still one of the best. Saved Episodes: "Polly Platt: The Forgotten Woman" (May 25th to July 27th). Do not sleep through this 10-part mini-series on an under-appreciated film-maker who never got a director's credit and often didn't get her due. From her early days as wife and collaborator of Peter Bogdanovich to later work with James L. Brooks, Cameron Crowe and Wes Anderson, it's an incredible saga with a lot to say about Hollywood and sexism. Suffice to say she may have started "The Simpsons", but somehow did not die a billionaire. Team Deakins When we look back on The Year of Our Pandemic, one of the best things about it might be the fact that one of the greatest living cinematographers was stuck at home with a lot of time on his hands so he started a podcast. Coen Brothers collaborator Roger Deakins opened up his rolodex and, with his wife and production parther James Deakins, put on one hell of a podcast which may prove to be the first film school for the next generation of film-makers. You will probably learn a lot more than you want or need to about making movies. I haven't kept up with them as they've made more than 75 episodes since April, but they are always great taolks with people who are very passionate about movies. Saved episodes: Joel Coen (August 2, 2020). This is the episode where I came in because THIS NEVER HAPPENS. The Coens don't really talk to anyone about their work, but here it is. Also Sam Mendes (June 14th) and Denis Villeneuve (July 8th). Oh, Hello: the P'dcast For 8 crazy weeks this spring, Nick Kroll and John Mulaney revisited their gormless and barely loveable elderly alter-egos from their Broadway show and Netflix special. Only it's a podcast, about them clumsily trying to find some connection to the death of Princess Diana. Saved episodes: None. You have to hear this once, but these are intentionally abrasive characters. You are not going to want to revisit them. The Marx Brothers Council Podcast I might be all alone on this one. This is a podcast that grew out of a Facebook Group for fans of The Marx Brothers. I like The Marx Brothers, but honestly I can't say I'm a fan. Their movies have not aged as well as you might hope. And the Facebook Group, which I joined, contains a lot of people who REALLY love the Marx Brothers, and few really cranky people who do not appreciate things that are not the Marx Brothers (or more precisely, the particular Marx Brothers movies that they like). I haven't checked today, but I think I may have been banned from the group for saying I liked Mank. Anyway, what I do like is this podcast. It's hosted by British film historian Matthew Coniam, New York actor and Groucho re-enactor Noah Diamond, and non-author/actor Bob Gassel of Chicago. It's just a great hang-out podcast because they love the subject matter so much they can sometimes get to hate it a bit. Saved Episodes: "You'll Duck Soup the Rest of Your Life" (March 28th) and "Send Out the Clowns" (June 24th). I guess nothing can capture my affection for this podcast more than listening to 3 smart and funny people share widely diverging opinions about two films that are generally considered to be either either the best or the worst of the ouevre. The Watch I've been watching a lot of TV and movies this year, but it's been hard to talk to anybody about a lot of it. So I really look forward to Mondays and Thursdays when Chris Ryan of The Ringer and writer/producer Andy Greenwald show up to dish about what they've been watching. There's a little inside-baseball entertainment industry gossip and a lot of talk about shows they really enjoy. I don't agree with them about everything, but they have put me onto some of the best TV I've seen this year, like Normal People and I May Destroy You. Saved Episode: "The Rise of Skywalker - A Shocking Disappointment" (Dec. 23, 2019). While technically not a 2020 podcast, you really need to hear this. Chris and Andy attended the red carpet premiere of the last Star Wars movie (and hated it), but they sat next to Kevin Smith (who loved it). Their talk about what went wrong with this movie is better than the movie. Star Wars Nerds Speaking of Star Wars, here's the only Winnipeg podcast on my list, which I almost exclusively listen to in the car with my 12-year-old son in the Wal-Mart parking lot while my wife is shopping. RRC Cre-Comm instructors Dan Vadeboncoeur and Kenton Larson don't put out the most consistent podcast, and they devote a bit too much running time to trying to remember things or looking things up on their phones. But my son is a big fan, though he thinks they swear too much. I guess if you have as many million listeners as the Star Wars Nerds, you don't need to worry about whether kids will want to listen to your podcast about kids' movies and TV shows. Saved Episode: "Tauntauns Are Real" (June 1st). I think this is one where they mention me by name because of something I tweeted at them. This was the only time my son was impressed with me last year. Honourable Mentions: -Blank Check -Dan Carlin's Hardcore History -How Did This Get Made -Reply All -Slate Spoiler Specials -Smartless -Someone Else's Movie -The Greatest Discovery -Travolta/Cage -Witchpolice Radio

#podcasts

[lornehanks]

I continue to schedule client meetings in my Satellite Office in Room 304 at 915 Grosvenor Avenue, though some clients have had issues with finding the street number is visible on the metal sign to the left.

To assist in wayfinding, I’m going to start using the building name visible over the front door “Galleria”. I’m not sure what the significance of the name is, but it’s more visible since the tree in front of the building was cut down this fall.

Also, I call it the “Satellite Office” now, as opposed to the Home Office at 265 Academy which is literally my “Home Office”. Please call or email if you need an appointment.

[lornehanks]

Hanks Law Office will be closed the week of Canada Day, from June 29th through July 3rd. I will be checking e-mail but calls may not be returned until the following week.

[lornehanks]

[lornehanks]

COVID-19 and the limits of Family Law

The COVID-19 situation is beginning to show up in family law matters. A leading case so far appears to be the Ontario Supreme Court case of Ribeiro v Wright, 2020 ONSC 1829 (CanLII)

In that decision, Justice Alex Pazaratz had an observation worth repeating:

Judges won’t need convincing that COVID-19 is extremely serious, and that meaningful precautions are required to protect children and families. We know there’s a problem. What we’re looking for is realistic solutions. We will be looking to see if parents have made good faith efforts to communicate; to show mutual respect; and to come up with creative and realistic proposals which demonstrate both parental insight and COVID-19 awareness.

In family court we are used to dealing with parenting disputes. But right now it’s not “business as usual” for any of us. The court system will always be here to deal with truly urgent matters, especially involving children. But that means there will be little time or tolerance for people who don’t take parenting responsibilities or COVID-19 seriously.

[lornehanks]

COVID-19 update

If you currently have a file with Hanks Office, please be advised that Lawyers are permitted to carry on business after April 1, 2020 and Hanks Law Office will continue operating and working on your file.

We will continue our COVID-19 protocol of restricting personal meetings to the bare minimum necessary for verification of identity and witnessing documents.

If an in-person meeting is necessary, we will be employing phisical distancing and these meetings will be limited to 10 minutes.

If you have any questions or concerns about your file, please call or e-mail me.

[lornehanks]

My office at 915 Grosvenor is now set up for social distance protocols. Until further notice all in-person meetings will be limited to 10 minutes and restricted to verification of identity and witnessing of signatures. All other business will be conducted by phone or email.

[lornehanks]

COVID-19 & Hanks Law Office

Since Hanks Law Office is largely a home-based business, my work has not been greatly disrupted by the ongoing health alert.

My small office at 915 Grosvenor is generally only used for meeting with clients, so there's never any other staff there and I mostly work from home anyway.

Most of my contact with clients is usually by phone or e-mail. When a face-to-face meeting is necessary, I'll be practicing social distancing and trying to screen for risk factors before setting a meeting.

Finally, I know from my work with separating parents that schools and day cares are a huge part of how they co-parent. Please try to be patient. Remember this situation is putting a lot of stress on everyone, not just you, your co-parent and your kids.

Please be cool, give each other some slack, and remember your lawyer doesn't have a magic wand that will make the other person be somebody else. Take care and be well.

If you have any questions, please call.

[lornehanks]

Manitoba's Maintenance Enforcement Program is finally catching up on the massive shift the provincial government dropped on them last summer. MEP now has the power to vary or end child support enforcement ins some situations without a court order. Before this, if a child turned 18 and didn't need support any more, the paying parent had to get a Variation Order to stop payments. Now MEP can make inquiries and stop enforcement if support is no longer needed or warranted. I wrote about this before, but MEP has finally been able to update their website with new information on these changes, so click through if you want to learn more. Also, remember MEP can only stop enforcing an order. The court order itself remains in effect until varied, which may be something you'd need a lawyer for. Like me, for instance.

[lornehanks]

I’m watching Watchmen on HBO, and it’s much better than it has any right to be. I wasn’t sure what I expected, but I didn’t expect a hard look at how deeply racist the US is today.

The first episode started with a re-enactment of the 1921 Tulsa Massacre, a mass lynching of black Americans that seems like something out of a dystopian alternate reality even though it actually happened. It picks up on the superhero themes of the original comic series, but focuses very sharply on White Supremacy.

It may not be for everyone. It is very unforgiving in assuming you read the graphic novel, but at the same time, it’s very slow to directly engage with the surviving characters. Also, it definitely follows in the universe of the book, not the movie. This is a world where Ozymandias dropped a big space bug on New York 30 years ago. (If the previous sentence made no sense to you, you would definitely want to go back to the book before watching.)

[lornehanks]

Hanks Law Office update

Just a quick update on where my practice is at, since when clients do mention this website to me, they ask about movie reviews, and I really ought to be doing some marketing.

The main focus of my practice right now is low conflict family law. If you are going through a divorce or separation, and are willing and able to deal with things amicably, I can work with you to deal with matters in a cost-effective way.

I am a one-person operation, so I'm not set up to get matters into court on a timely basis, which is what is often needed in a high conflict situation. If you're not sure whether your situation is high conflict, we can talk about that. If I can work with your situation, we'll make a plan. If not, I'll try to refer you to counsel who can.

I do some basic "small town lawyer" solicitor work, such as simple wills or powers of attorney, simple commercial agreements/leases. I'm moving away from doing real estate work unless it's part of a separation or divorce. There are other firms who do this work on a cost-effective basis, and it's not the best use of my time.

I do not have set office hours, so please feel free to call to make an appointment. The office number is my mobile numb er, so the call will go straight to me if I can take it.

I meet with clients at 915 Grosvenor Avenue in Winnipeg, in room 304, which is a small room at the top of the stairs. The building has no elevator, so I apologize if that's a problem. If that presents an access challenge for you, I am happy to make alternate meeting arrangements to accommodate you.

My main office is 265 Academy Road, which is where I get mail and is also my home. Please do not feel free to drop by as my practice is by appointment only, and I meet clients at the Grosvenor office.

FInally, I formerly had an office at 427 Academy Road. I haven't been there for more than 2 years, but it occasionally shows up on internet searches. If you see me listed there somewhere, please let me know so I can correct it.

Finally, if you did come here for my weird non-lawyer content like writing on moview or TV or whatever, I promise I will get something weird out soon.

[lornehanks]

A new location for Hanks Law Office is our meeting space at 304-915 Grosvenor in Winnipeg. Call 204-793-6145 to set up an appointment.

[lornehanks]

Moving

As of September 1st, Hanks Law Office will be moving to 265 Academy Road. My phone, fax and e-mail remain the same. Please call for an appointment.

[lornehanks]

Big Changes coming for Manitoba Family Law cases

Family law is different. One of the ways the courts in Manitoba and other jurisdictions have recognized this is through the introduction of Case Management. In Manitoba it was first introduced in Winnipeg in the 1990s (and is available under a slightly different “Pre-Trial” procedure in other QB Family Courts outside Winnipeg. 

 Under Case Management, before a family matter can go to trial, the parties and their lawyers must attend a Case Conference with a Queen’s Bench Judge. The parties are able to state their cases in front of the Judge, who tries to find ways to encourage them to settle their differences without going to trial. If the parties can agree, the Judge can sign a Consent Order.

The idea is to reduce costs and delays as parties are able to put information in front of a Judge in a more informal matter. In practice, delays still continue, as it can take months to get a Case Conference scheduled, and often the parties find they can’t proceed because a party hasn’t been forthcoming with financial information, or isn’t willing to agree to a Consent Order.

At the recent Annual Joint Family Law Program in Winnipeg, Acting Associate Chief Justice Marianne Rivoalen advised that Manitoba is planning to launch a major overhaul of the Case Conference process this fall.

The biggest change would be to broaden the types of Orders a Judge can make at a Case Conference, and in some cases to empower a judge to make Orders whether the parties agree or not. This is a real game-changer as parties who don’t want to co-operate may find terms imposed on them whether they like it or not.

Also, a new deadline will have a big impact on the conduct of Case Conferences. Parties now have to file Case Management Information Statements (or Briefs) 2 days before the Conference. Under the new rules these would have to be filed 7 days before. (That one made me jump up in my chair because I had a Case Conference scheduled in 10 days and hadn’t filed a brief yet!) The idea is to get the parties to share information sooner to encourage settlement, and also to give the Judges more time to prepare.

The format for these Information Statements is also being revised to better reflect actual practice. Even the form to Requisition a Case Conference would be revised to ensure matters are ready to proceed before Court time is booked. A key requirement will be making sure a party has filed their financial disclosure before booking. Parties and the Court will also get greater ability to require financial disclosure, an issue which has cause a lot of delay in many cases.

Another interesting change would be the introduction of a section in the Queen’s Bench Rules that spells out the purpose and intention of Case Management. In general, this will be a major culture shift for our Family Courts, and from the reaction of lawyers at the meeting, it’s a welcome one.

Blogger’/Lawyer note: I have gone out of my way not to directly quote Mme. Justice Rivoalen or the materials which were provided at the program. This blog post is based on my working knowledge of the material which was presented. In my judgment the material provided here is correct and appropriate for public posting on my blog.

#familylaw manitobalaw

[lornehanks]

Tax Time and Family Law

How are you doing with your taxes? This is not a question anyone likes to hear at this time of year. Even if you do want to file early to get it over with (or cash in a refund) you may still be waiting for all your T-4s to arrive. But if you go to see a family lawyer at this time of year, the question is going to come up. Whether you're filing a divorce petition or applying for a variation, the Court also wants you to file an up-to-date Financial Statement, including your three most recent CRA income and deduction print-outs. Current income information is especially important when you're dealing with family maintenance issues. The Court may have questions if your income information is more than a year old, especially if it tends to fluctuate. You may want to wait until your return is filed, though there are ways to get your current income information before the court, especially if you are also filing an affidavit as well.

[lornehanks]

Maintenance Enforcement in Manitoba

This is another re-post of a popular topic. Most of this blog post first appeared here in 2012 and is condensed from the excellent presentation which was given by Darlene Baker of the Maintenance Enforcement Program and Cheryl McGibbon and Candray Mehkary of the Family Law Branch of Manitoba Justice during MEP's last major overhaul. Manitoba was actually the first province to automate enforcement of family maintenance payments in 1980. In 1984, the Maintenance Enforcement Program (MEP) was established, which was the first enforcement program in Canada separate from the Family Court. Maintenance Enforcement made it much easier for recipients of family maintenance (child and spousal support) to get paid regularly and on time, at no cost to the recipient. Over the years, the program has acquired more tools to enforce payment, including the ability to garnish payment from employers, and more recently the ability to suspend driver’s licence or registration of a non-payor. There’s even provision to go after the lottery winnings of non-payers. In 1997, the Office of the Auditor General recommended a number of changes to help the MEP identify defaults sooner, to allow quicker enforcement measures, to improve transparency, and to make the service more cost-effective. These changes were fully implemented by April 1st, 2013. The most fundamental change is that MEP has moved from being a “pay through” program to being a “pay to” program. In past, the payor would be making payments to the recipient of the support, using the MEP as a go-between. Payors now make payments directly to the Government of Manitoba, via MEP, and the MEP in turn pays directly to the recipient. If direct deposit arrangements are in place, this allows the MEP to take payments and pass them along much more quickly and efficiently. The other big change is the movement to pre-authorized withdrawals and direct deposits. In addition to being faster and more efficient, this means recipients no longer have to worry about NSF fees on bad cheques, since MEP no longer accepts cheques. They primarily accept cash, electronic funds transfer, pre-authorized debit, money orders or bank drafts. And as of 2013, MEP imposed an 18% Late Payment Penalty (LPP) on unpaid family maintenance obligations. The selection of 18% as a penalty, similar to the levels of interest charged by many credit cards, appears to have been quite intentional. Some payors had apparently been prioritizing who they were going to pay first, and the lack mounting interest or penalty on maintenance obligations was a disincentive. Not any more. The Family Maintenance Act was also amended to increase maximum penalties where a payor has been found to be willfully defaulting, with fines of up to $10,000 (on top of Late Payment Penalties) and imprisonment of up to 200 days. Manitoba continues to have the toughest sanctions in Canada for maintenance payors who willfully default. Also important to note that payments are not registered until they are received at the MEP office in Winnipeg. So if you pay in cash at your local court office, the payment won’t get registered until they send it to MEP. So direct deposit is encouraged. Also, garnishing orders to the employers of payors are now called Support Deduction Notices (SDNs), designed to encourage automation and direct payment. Finally, it is still possible for payors to address changes in circumstance such as loss of income, but they have to apply in court to have Maintenance Orders adjusted, temporarily suspended or even terminated. Something like this will likely need the assistance of a lawyer. There actually are a lot of divorced or separated parents who are able to carry on payment of child and spousal support between themselves without problems, but recipients of child support in Manitoba do have some powerful friends in the Maintenance Enforcement Program if they need some help. For complete information on the Maintenance Enforcement Program and how to apply, see their website: http://www.gov.mb.ca/justice/family/mep/

#maintenance #childsupport #spousalsupport #familylaw

[lornehanks]

Varying Maintenance in Manitoba

Last year a reader wrote in with a question about varying Child Support. My response got a lot of attention at the time, so I'm running it again. Thanks for your question about varying your husband’s obligation to pay child support from a previous relationship. You said it was an agreement, but is there a court order in place? I suspect there’s an actual order in place here. In any case, he’ll probably need a new court order before Maintenance Enforcement will terminate his requirement to pay. That means he needs to make a make a formal request to the Court (a Motion) to ask a judge to sign the new order. As with any court proceeding, the judge will need evidence before signing the order. Generally, the evidence is in the form of a sworn statement (affidavit) saying why he shouldn’t have to pay support anymore. You may also have to file a financial statement. Many people are representing themselves in things like this because they’re worried about cost, but a lawyer will be able to make sure you’re getting the right information in front of the judge, so you don’t have to go back more than once. A lawyer can also write up the new order in advance to make sure it does what you need it to do. Also, there may be other issues that a lawyer may alert you to. You don’t say if both parties are in Manitoba (or if you’re even in Manitoba, for that matter). In any case, I suggest your husband get a lawyer to look at the actual agreement or order in place and talk about if it’s time to get it varied or how to get that done, especially if the mother is opposed to terminating support.