Family

  • July 24, 2026

    Spouses, estate law and the principal residence exemption

    This is the scenario: John and Jane each purchase a real property in Ontario in 2003, to which they take title in their names alone. John purchases a residential property for $2,000,000 (“John’s property”) and Jane purchases a cottage property for $1,000,000 (“Jane’s property”). In 2006, John and Jane become common law spouses and go back and forth between living at their respective properties — typically John’s during the fall and winter months and Jane’s during the spring and summer months. John and Jane never enter into any domestic agreement. Both were previously married and have children from prior marriages, who are their primary beneficiaries and not each other.

  • July 24, 2026

    Procedural pitfalls: Ontario landlord-tenant law relating to own-use evictions

    The law governing residential tenancies under the Residential Tenancies Act, 2006, S.O. 2006, c. 17 (RTA), has evolved significantly since its enactment. A recent landmark decision from the Ontario Court of Appeal has fundamentally reshaped how risk is allocated in residential tenancy litigation in Ontario.

  • July 23, 2026

    N.W.T. brings more laws into force to protect victims of family violence

    The Northwest Territories has new legislation to better support victims of family violence, including laws that formally recognize stalking, give people greater ability to protect themselves and allow victims to sue perpetrators.

  • July 23, 2026

    Family law: Looking out for yourself or the client

    Eleanor practised family law. She was good at the technical stuff, but not so good at dealing with clients. Especially vulnerable clients, such as people getting divorced.

  • July 23, 2026

    Family law: Separation preparedness for the public

    Is it time to acknowledge and address the gap in practical education, practical readiness and practical understanding for the public in family law matters?

  • July 23, 2026

    MAINTENANCE AND SUPPORT - Child support - Spousal support - Retroactive awards

    Appeal by appellant from aspects of a final family law order, and application by respondent to quash or stay the appeal due to non-compliance. The appellant, who did not attend trial, sought to vary orders relating to child and spousal support arrears, mortgage credit, and findings of contempt.

  • July 22, 2026

    The coercive control lens: A new framework for family law decision-making

    “Coercive control” is rapidly becoming one of the defining concepts of modern Canadian family law. Courts must now expand their focus of family violence and must consider whether one party exerted coercive control over the other party during the relationship.

  • July 22, 2026

    A slap in the face to the power of good oral advocacy

    Upon receiving the Consolidated Practice Direction for Central East Region (the PD) from the Ontario Superior Court of Justice, updated July 7, 2026, I actually read it, or at least all parts relating to family law. Without exaggeration, I was shocked to read paragraph 186 confirming that all short motions will be “heard” (my quotations) presumptively (their word not mine) in writing! However, parties and counsel are to be “available” (my quotations) on Zoom in case the presiding justice wishes to hear submissions. Counsel and parties will not be given entry into the Zoom unless the presiding justice deems it necessary. “Parties and counsel are not permitted to make oral submissions unless the judge permits.”

  • July 22, 2026

    Intermediary dilemma: The structural architecture behind public service delivery impasses

    Public service delivery strikes are routinely framed in popular discourse as localized, binary disputes between individual employers and their workforces. Yet, when these disruptions hit independent delivery networks, the stalled bargaining tables reflect a much broader systemic crisis.

  • July 21, 2026

    AI poised to save separating families millions of dollars and years of time

    The results of a recent study by an Ontario university and a non-profit organization have been published, and the conclusions are startling: the use of AI in family law disputes could produce legally accurate and fair outcomes at a fraction of the cost usually incurred — in most cases, in less than three minutes.