The Complete Brief

  • August 06, 2026

    When is a gift not a gift: Estate freezes and family law considerations

    A complex and challenging area of law is the intersection of trust law and family law. Ontario law, in contrast to many other common law jurisdictions, has given liberal treatment of a discretionary interest in a trust as property, which can be subject to equalization under our family law legislation. See our prior articles on this subject: Property division and discretionary trusts: Half of nothing is still nothing; and Heads Up: Grappling with Family Law’s Treatment of Discretionary Trust Interests.

  • August 06, 2026

    When a red card isn’t the end: FIFA’s Balogun decision explained

    After spending several days considering how the United States’ men’s national team would adapt to missing their top scorer following a controversial red card, the footballing world learned that Folarin Balogun’s one-match suspension had been suspended by FIFA’s disciplinary committee, and that he would be eligible to play in the Round of 16 match against Belgium on July 6.

  • August 06, 2026

    Ontario court of appeal, dissent examines justice system’s response to child sexual abuse

    On Nov. 27, 2024, J.C. pleaded guilty to possession of child sexual abuse and exploitation material (CSAEM) and was sentenced to a one-year custodial term, followed by three years’ probation.

  • August 06, 2026

    NATURAL JUSTICE - Duty of fairness - Procedural fairness

    Appeal by Mi'gmawe'l Tplu'taqnn Inc. (MTI) and Sierra Club Canada Foundation (Sierra Club) from judgment dismissing their application for judicial review of Minister of Environment and Climate Change’s (Minister’s) approval of Bay du Nord Development Project.

  • August 06, 2026

    ‘Solicitor’s eyes only’ orders in trademark litigation: Protecting sensitive competitive information

    In an action for trademark infringement, an associate judge of the Federal Court allowed the defendant’s request to protect certain confidential information by means of a “solicitor’s eyes only” (SEO) designation. The designation would prevent the plaintiff from accessing specified confidential information produced in the litigation (Northern Reflections Ltd. v Aritzia Inc.).

  • August 05, 2026

    Marks & Clerk promotes Wilfred So to partner

    Marks & Clerk has promoted Wilfred So to partner, effective Aug. 1, 2026.

  • August 05, 2026

    B.C. Judicial Justice Gerry Hayes retires

    Judicial Justice Gerry Hayes retired from the Provincial Court of British Columbia on July 31, 2026, after nearly 30 years on the bench.

  • August 05, 2026

    Ontario initiates review of key agencies to strengthen oversight

    On Aug. 5, the Ontario government announced that it would be “strengthening oversight of key provincial agencies by launching a series of reviews to ensure they are sustainable and that the vital frontline services that families and businesses rely on are protected and continuously improved.”

  • August 05, 2026

    Solicitor-client-privileged advice not a registerable ‘foreign influence activity’: commissioner

    Foreign Influence Transparency Commissioner Anton Boegman has issued guidance about when “licensed legal professionals” are required to register their work for foreign principals as “influence activities” in the new public foreign influence registry. The new commissioner issued five interpretation bulletins — including one specifically for lawyers — to give guidance on how to comply with the obligations under the Foreign Influence Transparency and Accountability Act (FITAA) and its regulations, which came into force Aug. 4.

  • August 05, 2026

    Ontario auto insurance changes leave public facing gaps in coverage, lawyers say

    Lawyers are saying Ontario’s recent overhaul of standard auto insurance coverage is leaving potential accident victims exposed to major gaps in benefits — a situation they may not be aware of. As of July 1, the only statutory accident benefits (SABs) automatically included in Ontario’s standard automobile policy are medical, rehabilitation and attendant care benefits.

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