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August 06, 2026
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.
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August 05, 2026
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.
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August 04, 2026
Rules of professional conduct are an important tool in regulating the ethical conduct of professionals and protecting the public. A professional who chooses to not abide by the rules of their respective profession can face severe sanction, including the revocation of their licence. In the legal profession, the continued misuse of generative artificial intelligence to conduct legal research and assist in the drafting of factums or legal briefs has caused courts worldwide to impose costs sanctions against offending lawyers and to refer them for discipline to their respective regulatory body.
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July 31, 2026
The Supreme Court of Canada has unanimously set out the presumptions, procedure and remedies applicable to litigated claims of “spoliation” — i.e., claims against parties who engage in the “intentional destruction, alteration, mutilation, or concealment of evidence with a view to subverting the truth-finding process during litigation.”
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July 31, 2026
The Law Commission of Canada (LCC) has released its annual report, which “highlights the commission’s work and achievements over the past reporting year, providing updates on projects and programs” between April 2025 to March 2026.
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July 31, 2026
Artificial intelligence is reshaping economies, industries and the global competitive landscape at an unprecedented pace. Recognizing both the opportunities and the risks presented by this technological shift, the federal government launched Canada’s National Artificial Intelligence Strategy: AI for All on June 4, 2026.
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July 30, 2026
In an administrative law landmark that addresses the scope of the Constitution’s guarantee of judicial review, the Supreme Court of Canada has ruled 9-0 that legislatures cannot validly use privative clauses to bar “legality review” by courts — i.e., the availability of curial review is constitutionally guaranteed for all aspects of delegated administrative decisions, including on questions of law, fact or mixed law and fact.
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July 30, 2026
In 2009, a mother transfers $150,000 to her eldest son so he can close on his first house. Nothing is signed. She mentions to a neighbour that he will pay her back “when he is on his feet.” She tells the son it is “his share, early.” Meanwhile, her daughter gives up an apartment and a job in another city, moves into the family home and spends 11 years caring for her mother, on the strength of an assurance repeated over many Sunday dinners: the house will be yours. The mother dies in 2024. Her will divides the estate equally among her three children.
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July 29, 2026
Ontario’s top court has ruled that a woman’s interest in a family trust created during an estate freeze was not a gift from a third party after marriage, a finding that led to an $18-million equalization payment to her former husband.
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July 28, 2026
Choosing an executor is one of the most consequential decisions in estate planning. An executor is a fiduciary required to act honestly, impartially, and in the best interests of the estate over their own. Where an executor’s personal obligations, financial interests, or relationships conflict with these duties, these conflicts of interest can lead to family disputes, high legal costs, and can jeopardize proper estate administration.