Family

  • August 14, 2026

    DOMESTIC CONTRACTS AND SEPARATION AGREEMENTS - Separation agreements - Legality and validity - Consensus, lack of - Enforcement

    Appeal by appellant (Wife) from a decision setting aside a separation agreement (agreement). The parties, former spouses, negotiated and executed an agreement in 2016 with assistance from a consultant and a family lawyer.

  • August 13, 2026

    Gifting and re-gifting: When will interest in a family trust constitute excluded property under the FLA?

    In Ontario family law, the date on which a spouse receives a gift or inheritance from a third party (usually a parent or relative), whether before or after the date of marriage, may have a significant impact on their net family property and ultimately the size of the equalization payment owed to the other spouse on marital separation.

  • August 12, 2026

    Quebec Court of Appeal Justice Geneviève Cotnam named new Chief Justice of Quebec

    Quebec Court of Appeal Justice Geneviève Cotnam, who once recalled “my career as a lawyer didn’t always provide a smooth sailing to the bench,” is Quebec's new top judge, succeeding Quebec Court of Appeal Chief Justice Manon Savard who became a part-time (supernumerary) judge on Aug. 10.

  • August 12, 2026

    Linda A. Maj appointed justice of the Court of King’s Bench of Alberta in Edmonton

    According to an announcement from the office of Minister of Justice and Attorney General of Canada Sean Fraser, Linda A. Maj, K.C., general counsel at the Department of Justice Canada in Edmonton, has been named a justice of the Court of King’s Bench of Alberta.

  • August 12, 2026

    Coercive control enters the legal test for urgency

    Suddenly, the concept of coercive control is reshaping Canadian family law. Coercive control is beginning to influence how courts approach financial claims, property disputes, settlement negotiations and even the procedural rules governing when a motion may be heard.

  • 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.

  • August 05, 2026

    More on marriage: The ultimate destination fallacy (or, why your big party means nothing)

    After years of watching perfectly rational adults succumb to what can only be described as a collective delusion, it’s time someone called out the elephant in the room — the one wearing a designer gown and posing for a photographer who costs more per hour than most people earn in a week. We need to talk about marriage.

  • August 05, 2026

    MAINTENANCE AND SUPPORT - Spousal support - Settlements - Variation or amendment of orders - Changed circumstances

    Appeal by appellant from an order dismissing his application to reduce spousal support payable under a separation agreement. The parties separated after a long marriage during which the appellant was the primary income earner and the respondent was a stay-at-home parent.

  • August 04, 2026

    Nova Scotia Supreme Court Justice LouAnn Chiasson retires

    Justice C. LouAnn Chiasson has retired from the Supreme Court of Nova Scotia after a 34-year legal career, including 11 years with the court’s Family Division. According to the province, Chiasson’s retirement took effect Aug. 1, 2026.

  • August 04, 2026

    Winnipeg MP calls for repeal of immigration-status restriction on Canada Child Benefit

    Winnipeg MP Leah Gazan has called on the federal government to repeal a provision of the Income Tax Act that ties eligibility for the Canada Child Benefit (CCB) to a parent’s immigration status.

  • August 04, 2026

    N.S. provincial court to start work on ‘digital transformation’

    Nova Scotia’s provincial court is beginning work on an electronic filing and digital document management system for those frequenting the court. According to a recent news release, work on the court’s “digital transformation” will start immediately.

  • August 04, 2026

    Law Society of Ontario orders 6-month suspension for misuse of AI

    Rules of professional conduct are an important tool in regulating the ethical conduct of professionals and protecting the public. A professional who chooses to not abide by the rules of their respective profession can face severe sanction, including the revocation of their licence. In the legal profession, the continued misuse of generative artificial intelligence to conduct legal research and assist in the drafting of factums or legal briefs has caused courts worldwide to impose costs sanctions against offending lawyers and to refer them for discipline to their respective regulatory body.

  • July 31, 2026

    Marriage: The ultimate destination fallacy (or, why your big party means nothing)

    Alright, let’s get uncomfortable. Because frankly, after years of watching perfectly rational adults succumb to what can only be described as a collective delusion, it’s time someone called out the elephant in the room — the one wearing a designer gown, clutching a five-figure floral arrangement and posing for a photographer who costs more per hour than most people earn in a week. We need to talk about marriage.

  • July 31, 2026

    First Nation membership dispute outside of Federal Court jurisdiction, Appeal Court finds

    In a case spanning more than 25 years, the Federal Court of Appeal has agreed that the Federal Court does not have jurisdiction over issues relating to a First Nation band’s denial of membership to women who married out and their children, even though it had ruled on the merits in their favour.

  • July 31, 2026

    Canada’s AI strategy sets the stage for growth, governance and data sovereignty

    Artificial intelligence is reshaping economies, industries and the global competitive landscape at an unprecedented pace. Recognizing both the opportunities and the risks presented by this technological shift, the federal government launched Canada’s National Artificial Intelligence Strategy: AI for All on June 4, 2026.

  • July 30, 2026

    Privative clause struck down; judicial review for ‘legality’ is constitutionally guaranteed: SCC

    In an administrative law landmark that addresses the scope of the Constitution’s guarantee of judicial review, the Supreme Court of Canada has ruled 9-0 that legislatures cannot validly use privative clauses to bar “legality review” by courts — i.e., the availability of curial review is constitutionally guaranteed for all aspects of delegated administrative decisions, including on questions of law, fact or mixed law and fact.

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