Family
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May 29, 2025
Judge blows the cap on retroactive child support
Not every case has such juicy facts like those in Jansen v. DiCecco, 2025 ONCJ 189, in which a father was ordered to pay $899,811 forthwith in back child support for 22 years.
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May 28, 2025
Common pitfalls in tribunal adjudication of mental health matters, part two: Potential solutions
In part one of this series, I highlighted due process and natural justice or fairness concerns identified by reviewing courts in two mental health tribunal proceedings. In a span of less than four weeks recently, decisions of Ontario’s civil mental health adjudicator, the Consent and Capacity Board, and the Criminal Code-based forensic psychiatric administrative tribunal, the Ontario Review Board, were overturned and returned to them for re-hearing in Hastick v. Banik, 2025 ONSC 3007 and Clayton (Re), respectively.
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May 28, 2025
When a child turns away: Understanding the difference between parental alienation and estrangement
In family law, it’s not unusual to see situations where a child refuses to spend time with one parent. But behind that refusal, there’s often a deeper story. The challenge, both for the courts and for the families themselves, is to understand what that story really is.
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May 28, 2025
MARITAL OR FAMILY PROPERTY - Equalization or division - Agreements - Contribution of parties
Appeal by wife from order of trial judge relating to property division and retroactive child and spousal support.
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May 28, 2025
What ‘agreed statement of facts’ really means
The “facts” aren’t always so obvious. More than 90 per cent of criminal convictions in Canada are not the result of a trial, but of a guilty plea. People plead guilty for many reasons, only one of which is that they are actually guilty. But that’s another matter.
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May 28, 2025
Canada’s new immigration minister: A legal and policy perspective
Following the formation of Prime Minister Mark Carney’s new Liberal government, Lena Metlege Diab has been appointed Canada’s minister of immigration, refugees and citizenship. She replaces Rachel Bendayan and brings to the role a formidable blend of legal expertise and political leadership experience.
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May 27, 2025
Helpful or hurtful? The dark side of social media sleuthing
Social media keeps us connected and fosters friendship and community. During the pandemic, in those long dark months after the world shut down, it became a crucial source of connectivity for many. In the years since, social media has become increasingly divisive, crude and untrustworthy. In a world of AI, fake news, deep fakes and strong political opinions, it has brought out some of the worst in people.
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May 27, 2025
Estate administration: Conflict of interest
In Virdi Estate (Re), 2025 BCSC 689, the Supreme Court of British Columbia recently considered a contentious dispute between siblings over who should administer their late father’s estate. This case serves as a useful illustration of how and when a court may utilize its discretion to pass over a named executor due to a conflict of interest, and clarifies the legal framework guiding such decisions.
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May 23, 2025
Importance of parental conduct: Court clarifies habitual residence in cross-border custody case
Canada is a multicultural country, made up of families who have connections and ties to other countries across the globe. It has become increasingly common to see parties relocating to another country after separation. While it is understandable that many individuals would want to continue to exercise their parenting rights in their new location, relocating children from one country to another is often a complex matter.
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May 23, 2025
Clicking beyond death: Who gets your digital life after you’re gone?
In Jamaica, where I’m from, there’s often a mix of amusement and uneasy reverence when people discuss what to do with a person’s “belongings” when their “number has been called”: dead leff. Now, here’s the modern twist: what happens when your dead leff isn’t just a house or jewellery, but an entire digital life?