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]

OBA awards gala celebrates service to the legal profession and community at large

Friday, June 20, 2025 @ 3:54 PM

Toronto lawyer Angela Ogang had a good excuse not to attend the Ontario Bar Association’s annual awards gala June 19: She’d given birth to her baby the night before. ... [read more]

Federal Court of Appeal overturns denial of psilocybin exemptions for health care practitioners

Friday, June 20, 2025 @ 3:21 PM

Last Updated: Friday, June 20, 2025 @ 4:45 PM

The Federal Court of Appeal has set aside federal decisions denying certain health care practitioners exemptions from criminal prosecution for possessing and using psilocybin mushrooms as part of experiential training for psilocybin-assisted psychotherapy (PSAP). ... [read more]

B.C. court denies U.S. extradition request in ‘Silk Road’ drug case

Friday, June 20, 2025 @ 2:57 PM

In what is being described as a rare move, a B.C. court has denied a request to extradite a man to the United States to face prosecution for drug offences alleged to have been committed on the now-defunct “Silk Road” online black market. ... [read more]

FCA sets aside decision that declared Ottawa must fill judicial vacancies ‘within a reasonable time’ Photo of Nicholas Pope, Hameed Law

Thursday, June 19, 2025 @ 5:37 PM

A novel Federal Court action that tried to compel Ottawa to fix its chronic tardiness in filling superior court vacancies has been dismissed for lack of jurisdiction by the Federal Court of Appeal; however, the law firm that launched the case to help its clients and other litigants says its efforts were not in vain. ... [read more]