Family

  • November 05, 2026

    MARITAL OR FAMILY PROPERTY - Third-party claims - Liability for spouse’s debts

    Appeal by appellant from the order granting the respondent summary judgment on her debt claim, and applications by both parties to adduce fresh evidence. During the appellant’s former relationship with the respondent’s son, the couple used advances from the respondent to finance residential property projects.

  • November 04, 2026

    Talk money: Financial literacy and separation in Canada

    November is Financial Literacy Month in Canada. A time to build knowledge, skills and confidence so people can make smart, responsible choices with their money. But for the thousands of Canadians navigating separation and divorce each year, that may not be the case.

  • November 02, 2026

    Saskatchewan lawyers talk benefits of limited licence practitioners

    Limited licence legal practitioners can “lighten the load” for lawyers — and in doing so allow for more people to access assistance, participants heard during a recent Law Society of Saskatchewan (LSS) webinar.

  • November 02, 2026

    Family court needs fewer appearances that change nothing. Can Ontario’s new chief justice deliver?

    There’s no doubt that the justice system has and continues to work, tirelessly, to assist litigants in moving their cases forward. Judges, registrars, clerks, court staff and organizations that assist the public in court have been and continue to be solely committed to ensuring that every litigant is treated fairly and with respect. Our justice system ought to be recognized for its significant contribution to our society. I am proud to have been witness to an institution that is genuinely concerned with people’s plights.

  • October 30, 2026

    The art of proving less at trial

    Family law trials often involve proving matters that are not seriously in dispute. Financial statements, bank records and property transactions are introduced into evidence, sometimes at considerable expense, when the underlying facts could have been agreed upon beforehand.

  • October 29, 2026

    Tracing the harm in IPV claims: SCC in Ahluwalia & Hemmings

    Five months ago, in Ahluwalia v. Ahluwalia, 2026 SCC 16, the Supreme Court of Canada recognized a new tort of intimate partner violence (IPV). Since then, family lawyers across Canada have been adding damages claims to their pleadings and learning to think like personal injury lawyers.

  • October 29, 2026

    A legal system for the rich, and one (of sorts) for the poor

    Let’s face it folks. Our legal system caters to the rich and, on occasion, the middle class. Most of society cannot afford good lawyers and are on their own navigating our legal system. There is a simple reason for this. Lawyers like to earn good money. It is impossible to do that serving clients who cannot afford to pay hundreds — or thousands — of dollars an hour.

  • October 28, 2026

    CUSTODY, PARENTING, AND ACCESS - Child’s views and preferences - Custody and parenting time - Shared or split

    Appeal by Stewart from order varying a consent final order by ordering equal parenting time and giving Richardson final decision-making authority for the parties’ then seven-year-old child; preliminary application by Richardson to dismiss the appeal for Stewart’s non-compliance with court orders; and application by Stewart to adduce fresh and new evidence.

  • October 27, 2026

    Legal Aid Plans of Canada celebrates duty counsel’s impact on A2J

    Oct. 27 marks Duty Counsel Day, a nationwide initiative led by the Association of Legal Aid Plans of Canada. The day is observed to “recognize the essential role duty counsel lawyers play in helping people navigate the justice system and access legal support when they need it most.”

  • October 26, 2026

    Bare title, real tax debt: Gill leaves a valuation question unanswered

    The Tax Court’s treatment of a son added to title for mortgage financing revives an unresolved tension over s. 160, bare trusts and the value of legal ownership without beneficial ownership.

  • October 23, 2026

    Appeal Court rejects First Nations child welfare class action as not preferable procedure

    The Federal Court of Appeal has allowed an appeal dismissing the certification of a First Nations constitutional class action relating to child and family services, finding that it was not the preferable procedure as it demanded involvement of provinces and territories.

  • October 23, 2026

    SCC explains how to determine ‘factual causation’ and ‘remoteness of damage’ in negligence cases

    Splintering over the results in a multi-defendant personal injury case, the Supreme Court of Canada has elaborated on the elements of “factual causation” and “remoteness” of damages and on the roles they play in analyzing negligence claims. On Oct. 23, a majority of the seven-judge bench dismissed the appeals of plaintiffs Sophia Hemmings, her litigation guardian and her family from a 2024 Ontario Court of Appeal medical negligence decision: Hemmings v. Padmore, 2026 SCC 34.

  • October 23, 2026

    Probate applications: Importance of identifying, disclosing deceased’s alternate names

    When a person who goes by more than one name passes away, it is important to provide not only their legal name when applying for a certificate of appointment of estate trustee, but to also provide alternate names that the deceased used.

  • October 23, 2026

    Court of Appeal for Ontario reframes long-standing test for leave to appeal

    For the first time in more than 50 years, the Court of Appeal for Ontario has updated its test for leave to appeal from a decision of the Divisional Court. In Knauff v. Ontario (Human Rights Tribunal), 2026 ONCA 653, a five-judge panel confirmed that the test for leave is whether the proposed appeal raises an arguable question of law or mixed law and fact that is of sufficient public importance to warrant consideration by the Court of Appeal.

  • October 22, 2026

    I prompt, therefore I bill: If AI does our thinking, what are we billing for?

    Lawyers have spent years explaining that finding an answer online is no substitute for legal advice. We are now buying subscriptions to software that finds answers and helps us write the advice. We should probably prepare for a few follow-up questions.

  • October 21, 2026

    Dementia Justice Canada calls for mandatory legal assessment for any advance MAID requests

    Dementia Justice Canada is urging Parliament to require an independent legal assessment before medical assistance in dying is administered under an advance request, warning that people who have lost decision-making capacity need protection from coercion, undue influence and abuse.

  • October 21, 2026

    When the mortgage comes due: Managing estate-owned property amidst estate disputes

    Estate litigation can take months or years to resolve, but mortgage obligations do not wait. For estate trustees and beneficiaries, the core challenge is preserving the value of estate property while competing claims are litigated.

  • October 21, 2026

    Royal commission on immigration would promote public understanding, dialogue and law reform: expert

    A royal commission or national commission of inquiry into immigration could boost Canadians’ understanding of hot-button immigration issues and generate positive public dialogue as well as needed policy reforms, says an expert on Quebec’s uniquely autonomous immigration regime that sparks envy from other provincial leaders.

  • October 21, 2026

    Estate freeze doesn’t turn a pre-marriage gift into excluded property

    For decades, the estate freeze has been a staple of succession planning for Canadian business families. The mechanics are familiar to any tax or estate practitioner: the owner exchanges growth shares for fixed-value preferred shares, and a newly settled family trust subscribes for fresh common shares that will capture all future growth. The tax benefits are well understood.

  • October 20, 2026

    Privacy commissioner launches Canada’s first Children’s Privacy Code

    In order to create a “safer, more transparent online environment for children and teens,” the Privacy Commissioner of Canada has launched the country’s first Children’s Privacy Code.

  • October 20, 2026

    Cultural taboos, aging parents and keeping estate plans updated

    With increasing longevity comes a host of challenging issues. One of them is maintaining an up-to-date estate plan.

  • October 19, 2026

    Audet named East Region senior judge, Beaulieu joins court

    Justice Minister Sean Fraser has announced two judicial appointments in Ontario: Justice Julie Audet, currently a judge of the Superior Court of Justice’s Family Court in Ottawa, has been appointed regional senior judge for the East Region. Gabrielle M.S. Beaulieu, founder of Orbis - Beaulieu Professional Corporation in Ottawa, has been appointed to the Superior Court’s Family Court in Ottawa.

  • October 16, 2026

    Screening regime for sexual history evidence can apply in human trafficking, ‘sexual services’ cases: SCC

    For the first time, the Supreme Court of Canada has explained when and how the Criminal Code’s s. 276 rules limiting the admissibility and use of evidence of complainants’ sexual history apply in prosecutions for non-enumerated sexual exploitation crimes, such as human trafficking and selling “sexual services.”

  • October 16, 2026

    CUSTODY, PARENTING, AND ACCESS - Conduct of parents - Willingness to facilitate access with other parent

    Appeal by SB from a decision determining parenting arrangements for the parties’ child. KB left Saltcoats with the child under the pretext of visiting family in Saskatoon. She did not return with the child to Saltcoats thereafter.

  • October 15, 2026

    MAINTENANCE AND SUPPORT - Child support - Calculation or attribution of income - Imputation of income

    Appeal by SP from the dismissal of her contempt application, and an order imputing annual income to CP. The judge rejected CP’s allegation she was unable to work more than two days per week.