Family

  • January 20, 2026

    Establishing gifts and excluded assets in family law: The Court of Appeal weighs in

    The Ontario Court of Appeal recently released its reasons for decision in the matter of Lau v. Tao, 2025 ONCA 819, an appeal addressing a series of property-related disputes arising from the breakdown of the parties’ marriage. The decision addresses intergenerational gifts and trusts in the context of equalization under Ontario’s Family Law Act.

  • January 19, 2026

    When will parental alienation lead to reduced child support?

    When does a parent’s deliberate obstruction of court-ordered parenting time justify the cancellation or reduction of child support? That question was addressed by the Supreme Court of British Columbia in K.A.N. v. N.L., 2025 BCSC 2477.

  • January 19, 2026

    What estate litigators can expect in 2026

    2025 marked significant updates in estate litigation, introducing key reforms for practitioners. Changes to Estate Forms under Rules 74, 74.1 and 75 of the Rules of Civil Procedure, which took effect mid-August to simplify probate applications, will remain active into 2026. A notable Ontario Superior Court ruling in Mavalwala Estate v. Fast, 2025 ONSC 4100 confirmed that only physically executed wills are valid, and that electronic drafts are not valid. There have also been discussions regarding the changes to the Rules, which started in 2025 and will be implemented in 2026.

  • January 19, 2026

    Avoiding U.S. immigration pitfalls

    Requesting immigration status at the border or filing for an immigration benefit with the U.S. government has many pitfalls and challenges, many of which can be avoided with careful planning and strategic decision-making. Some of the best ways to avoid immigration pitfalls include the following:

  • January 19, 2026

    11 tips to get the most for your clients in mediation

    In mediation, disputing parties explore whether they can agree on a resolution with the help of a neutral mediator. By contrast, in a trial or arbitration, the conflict ends with a decision imposed by a third party, and remedies are restricted to what is legally available. In mediation, the decision-makers are the parties themselves, and any resolution can be tailored specifically to their interests.

  • January 19, 2026

    MAINTENANCE AND SUPPORT - Support of common law partner

    Appeal by appellant from a chambers decision declaring the respondent to be Somers’ adult interdependent partner at the time of his death. The respondent applied for the declaration under the Adult Interdependent Relationships Act (AIRA), that she was the adult interdependent partner of the deceased and therefore entitled to apply for support and maintenance from his estate.

  • January 16, 2026

    SCC’s packed winter session features momentous appeal on Charter s. 33 override provision

    The Supreme Court of Canada began hearings in its very busy winter session this week, which features a potentially watershed constitutional appeal and the surprise announcement that Justice Sheilah Martin, the court’s senior western judge, will retire next spring.

  • January 16, 2026

    Ontario Civil Rules Review report calls for binding judicial dispute resolution

    In my last article for Law360 Canada, I provided an overview of the Ontario Civil Rules Review (CRR), its Working Group and the Working Group’s final policy report (the Report), which called for, among other things, two reforms to the pre-trial process. That article explored the following reforms:

  • January 15, 2026

    Ontario protection order regime in need of urgent reform: law commission

    A major law reform agency is saying that Ontario’s system for protection orders needs urgent reform to better prevent intimate partner and family violence in the province.

  • January 15, 2026

    The case for in-person appearances, part two

    I have taught professionalism for years, starting at the old Bar Admission course, at two law schools and on an ad hoc basis to articling students and juniors. I tell all of them same thing on the first day: everything you need to know about professional responsibility can be summed up in two sentences.

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