Family
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March 25, 2026
N.B. to increase public trustee’s ability to administer small estates
New Brunswick has introduced legislation that would widen the scope of its public trustee’s ability to deal with smaller estates.
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March 25, 2026
The joint expert playbook: Practical steps for counsel and a call to the bench
The first two parts of this series examined the framework under Rules 20.1 and 20.2, how courts have responded when the joint expert process breaks down, and the high bar for competing expert evidence. This final part turns to practice: structuring the retainer, managing the engagement, and how the bench can move financial disputes toward resolution.
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March 24, 2026
SCC judges probe what Charter s. 33 ‘override’ may mean for survival of Charter judicial review
The argument that a legislature’s use of the Charter’s s. 33 “override” clause can temporarily prevent judges from striking down a law but not from reviewing the law’s constitutionality or stating that the law infringes Charter rights and freedoms sparked a lively exchange between counsel and the bench as the Supreme Court of Canada kicked off its inquiry into the constitutionality of Quebec’s controversial “secularism” (Bill 21) law.
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March 24, 2026
The joint expert playbook: Why courts rarely let you walk away
The first part of this series examined what Rules 20.1 and 20.2 of the Family Law Rules require, when joint expert retainers make sense, and what Numair v. Numair and Zantingh v. Zantingh tell us about how courts respond when the process breaks down. This part picks up from that foundation: once a joint retainer is in place, courts set a high threshold before permitting competing expert evidence — and several well-worn failure modes can derail the engagement before the report is ever finalized.
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March 24, 2026
Generative AI not immune from potential legal action
The use of AI chatbots by self-represented litigants and lawyers has raised alarms in the justice system because the chatbots are prone either to hallucinate cases or to cite a legitimate case for a proposition which simply cannot be found in that case. With respect to lawyers, in general, the courts have awarded personal costs sanctions against them and are beginning to refer them for potential disciplinary penalties. A lawyer has a duty to not mislead a court.
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March 24, 2026
ABORIGINAL STATUS AND RIGHTS - Aboriginal persons - Indians - Registration - Indian Register - Entitlement to status
Appeal by Attorney General of Canada (Canada) from a decision allowing the respondents’ statutory appeal from the registrar’s refusal to register them under the Indian Act, 1985.
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March 23, 2026
Deepfakes, texts and secret recordings: Growing role of digital evidence in Ontario family law disputes
Digital communications are everywhere: text messages, emails, social media posts and recorded conversations. They are an entrenched part of modern daily life.
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March 23, 2026
The joint expert playbook: What you need to know about Rules 20.1 and 20.2
Most family lawyers have used a joint expert at some point. Fewer have a clear sense of when joint retainers advance a file and when they create more problems than they solve. The difference matters. A well-managed joint retainer saves money, narrows issues and moves files toward settlement. A poorly managed one generates motion after motion, escalates costs and poisons settlement prospects.
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March 23, 2026
N.B. moves to end limitation period for victims of intimate partner violence dependent on assailant
New Brunswick is proposing legislation that would remove the limitation period for civil claims by victims of intimate partner violence who were dependent on their assailant. A March 18 news release notes there is no civil limitation period to file claims for damages in cases of assault or battery “for acts of a sexual nature” or for “trespass to the person.”
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March 23, 2026
Seismic Bill 21 case draws record counsel & intervener presence at this week’s four-day SCC hearing
This week’s blockbuster Bill 21 appeal at the Supreme Court involves 140 counsel of record — with 64 of them slated to make oral argument over four days on behalf of the 10 main party groups and the record 51 interveners.