Family

  • June 05, 2026

    Yukon court issues AI directive encouraging due diligence, warns of potential errors

    Yukon’s Supreme Court has issued a directive on the use of generative AI “in written and oral representations” in a bid to reinforce the “integrity and credibility of legal proceedings.”

  • June 05, 2026

    Probate: When it’s not a simple over-the-counter court application

    In the usual course of estate administration, one of the preliminary steps is often obtaining a Certificate of Appointment of Estate Trustee with a Will (often referred to as “probate”). Generally, this is an administrative, over-the-counter process. The applicant files the original will, the prescribed application forms, any supporting materials required by the court, and pays the applicable Estate Administration Tax. If the application is in order, the court issues a Certificate of Appointment confirming the authority of the estate trustee named in the will.

  • June 05, 2026

    Inconsistent consequences: How Canadian courts and tribunals respond to AI misuse

    When a Canadian court or tribunal finds that a party has relied on a case that does not exist, the consequence is far from uniform. In one decision, the lawyer responsible was ordered to pay $17,550 in costs personally. In another, the order was $100. In 60 of the 177 decisions we reviewed, the adjudicator identified the problem but imposed no consequence at all.

  • June 04, 2026

    Tax Court reluctantly denies CCB claim, citing longstanding gap in law

    The Tax Court of Canada has “reluctantly” upheld a finding that a father who cannot be removed from Canada but is not a “protected person” under immigration law is ineligible for the Canada Child Benefit (CCB), noting he had fallen through a crack in the legal system that the court first identified nearly 25 years ago.

  • June 04, 2026

    Why is FRO requiring Ontarians to use fax machines?

    As a civil litigation lawyer who has practised in Ontario for more than two decades, I have spent much of my career navigating the province’s justice system.

  • June 04, 2026

    N.L. expanding family court to the island

    Newfoundland and Labrador has passed legislative changes that will have the province’s Unified Family Court expanded to the island of Newfoundland. With this, the province’s Supreme Court will have responsibility for all family justice matters “for the island portion of the province” — and in so doing take pressure off the provincial court to allow it more time in dealing with criminal justice.

  • June 04, 2026

    Mackenzie Do joins Clark Wilson as associate

    Clark Wilson has added Mackenzie Do as an associate in its family law and estates and trusts groups in Vancouver.

  • June 04, 2026

    Ross v. Luypaert: Applying the essentials of the Ontario Partition Act

    Ross v. Luypaert is another interesting case from the Court of Appeal in Ontario. In this case, the two daughters of John Douglas Ross and Regine Ross, Yonna and Lorraine, are the litigation guardians of their incapable parents. The parents owned a property (Property A) jointly with their son, Rene Luypaert. Regine Ross solely owned another property (Property B), which was occupied by their son.

  • June 03, 2026

    Ahluwalia: Why did three SCC judges disagree?

    In one of the most closely watched family law decisions in recent Canadian legal history, the Supreme Court of Canada issued a fractured ruling in Ahluwalia v. Ahluwalia, 2026 SCC 16, a case arising from a marriage marred by intimate partner violence.

  • June 03, 2026

    New U.S. green card rules: What Canadian companies, professionals and families need to know

    The issuance of USCIS Policy Memorandum PM-602-0199 has generated significant concern among foreign nationals living and working in the United States on temporary visas, particularly Canadian professionals employed in the U.S. The memorandum has also raised questions among Canadian citizens sponsored for permanent residence through marriage or close family relationships with U.S. citizens or lawful permanent residents. Much of the concern centres on whether the memorandum signals a shift away from adjustment of status inside the United States and toward mandatory immigrant visa processing through U.S. consulates abroad.