Law360 Canada

SCC clarifies how to determine child’s ‘habitual residence’ in non-Hague Convention custody disputes

Toronto’s Anthony Macri, counsel for the successful respondent mother, predicted transnational custody disputes will come before domestic courts ‘much more often’ in non-Hague Convention cases. He advised ‘we now have clarity’ on what a trial court should consider in determining if it has jurisdiction under Ontario’s Children’s Law Reform Act, ‘and the parties should be ready to present this evidence in a highly fact-specific context.’

Friday, June 20, 2025 @ 6:32 PM

In upholding an Ontario Superior Court’s assumption of jurisdiction over an international custody dispute, the Supreme Court of Canada has given guidance on how courts should determine the habitual residence of children allegedly wrongly taken or withheld by a parent from a foreign jurisdiction that has not signed onto the Convention on the Civil Aspects of International Child Abduction (Hague Convention). ... [read more]

Ontario Court of Appeal slashes $700K costs award in rental dispute due to ‘chilling effect’

Monday, June 23, 2025 @ 5:08 PM

The Ontario Court of Appeal has significantly cut a costs award in a hard-fought landlord-tenant dispute on Toronto’s tony “Mink Mile,” finding the legal fees were “concerning” and the motion judge’s high tally could contribute to a chilling effect on litigation. ... [read more]

Canada builds new, strengthened partnership with the European Union

Monday, June 23, 2025 @ 4:12 PM

Prime Minister Mark Carney has announced a “new, ambitious and comprehensive partnership” with the European Union, emphasizing “increased co-operation in defence, trade and commerce.” ... [read more]

B.C. Court of Appeal rejects Quebec firms’ bid to stay opioid class action

Monday, June 23, 2025 @ 3:04 PM

The B.C. Court of Appeal has denied two Quebec companies’ bid to suspend their involvement in British Columbia’s landmark opioid class action, rejecting arguments that their language rights justified a stay pending their jurisdictional appeal. ... [read more]

New rules and regulations as Alberta privacy, access to information legislation becomes law

Monday, June 23, 2025 @ 2:39 PM

With Alberta’s new privacy and access to information laws now in effect, legal experts are highlighting the changes that newly released rules and regulations will bring to public bodies and their data management practices. ... [read more]