Family

  • August 12, 2026

    When wealth collides: Strategic advocacy in commercial and estate litigation

    Estate trustees and beneficiaries can often be faced with estate disputes that include complex commercial issues. A litigation lawyer may be needed to assist clients through these thorny and complex issues. For example, what happens when a prudent estate freeze triggers an intense family fallout, resulting in oppression remedies, wrongful dismissal claims, or derivative actions? How should an executor manage the multifaceted responsibilities of serving as an officer or director of the deceased’s business, especially when facing allegations of mismanagement or delaying a sale, while also drawing compensation?

  • August 12, 2026

    Ontario Court of Appeal affirms zero tolerance for chronic financial non-disclosure and asset diversion

    Most family law disputes are resolved without the need for a trial. Carter v. Carter, 2026 ONCA 29 was a stark exception — a high-conflict matter spanning over 15 years and marked by more than 97 endorsements and court orders, primarily issued against the husband for his serious, deliberate and flagrant misconduct.

  • August 11, 2026

    Ontario protection orders often breached, under-enforced: reports

    A prominent legal institute has released a pair of reports showing wide support for the use of protection orders in Ontario, but also raising major concerns about how the current system works.

  • August 11, 2026

    The password was shared; the privacy was not: When spousal snooping crosses the legal line

    The modern spouse who scrolls through a partner’s phone at 2 a.m. isn’t usually pondering the finer points of the Criminal Code. They are thinking of one thing: “I need to know the truth.”

  • August 07, 2026

    B.C. court issues consolidated practice direction

    British Columbia’s provincial court has unveiled a new practice direction.

  • August 07, 2026

    The password was shared; the privacy was not: The legal perils of spousal snooping

    “My Face ID is registered on your phone.” It sounds like the ultimate modern romantic gesture, doesn’t it? Right up there with sharing your Netflix password or letting them see you in your most un-Instagrammable sweatpants. But let’s be clear: sharing a biometric key is not a blanket invitation to conduct a forensic audit of your partner’s digital life.

  • August 07, 2026

    Last best offer arbitration: The ups and downs

    A recent British Columbia decision, Kohut v. Yagelinski, 2026 BCSC 714, concerned the judicial review of a family arbitration award arising from a “last best offer” arbitration. The case presented an unusual challenge for both the court and the parties because the arbitrator provided no written reasons, leaving the court with no decision to review.

  • August 06, 2026

    Ontario decision determines transfer by corporate property owner not a fraudulent instrument

    The Ontario land titles registry was designed to promote certainty and reliability in real estate transactions. A potential buyer is generally entitled to rely on what is reflected in the registered title (known as the “mirror principle”) and, unless they have notice of competing claims, they should be able to acquire title without investigating past dealings or private disputes that may exist behind the registered ownership (known as the “curtain principle”).

  • 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 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.