Family
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December 11, 2025
Using generative AI in court could add up to penny wise, pound foolish
The rapid advancement of generative artificial intelligence is causing self-represented litigants to use this tool to conduct legal research and build their legal arguments. However, generative AI has not proven to be a panacea for legal research and, in fact, has led both lawyers and self-represented litigants astray with hallucinated cases.
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December 11, 2025
Stay the course or explain the deviation: Reasons required for judicial departure from AFCC-O Guide
The Ontario chapter of the Association of Family and Conciliation Courts (AFCC-O) originally released its Parenting Plan Guide (the AFCC-O Guide) in January 2020, and a revised version in 2021.
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December 11, 2025
Using expert evidence to determine whether a trust is a sham
When issues arise in litigation that involve specialized knowledge, technical expertise or scientific understanding, it is relatively common for the parties to submit expert evidence to assist the court with making its determinations. Expert evidence may be admissible on a wide range of issues — even specialized legal issues — so long as the evidence is proffered by a properly qualified expert, is relevant and necessary, and is not barred by an exclusionary rule.
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December 10, 2025
Alberta’s passage of notwithstanding clause bill slammed by legal, rights groups
Alberta has once again used the Charter’s notwithstanding clause to shield its legislation from constitutional scrutiny, this time for laws affecting medical treatment and pronoun use by transgender youth.
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December 10, 2025
Acquiring Canadian citizenship by descent under Bill C-3
The Canadian government has taken the final steps to overhaul its citizenship by descent rules, officially passing Bill C-3, An Act to amend the Citizenship Act (2025). This landmark legislation restores Canadian status to thousands of individuals worldwide who were previously excluded by an unconstitutional restriction known as the “first-generation limit” (FGL).
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December 09, 2025
Federal Protecting Victims Act proposes wide-ranging & some contentious criminal law changes
The federal government has introduced a wide-ranging “Protecting Victims Act,” which proposes, among many things: the expansion of various offences and punishments; new restrictions impacting the current interpretation of the Charter rights of accused persons to speedy trials and to make full answer and defence in sexual assault and other prosecutions; the creation of a number of novel Criminal Code offences; and the effective “restoration” for future sentencing (via a new judicial discretion “safety valve”) of “all” unconstitutional Criminal Code mandatory minimum penalties (MMPs) that were struck down as cruel and unusual punishment by various courts.
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December 09, 2025
Ontario urged to rethink ban on restorative justice in sexual offence cases
A number of legal organizations are calling for the Ontario government to change a policy that bans the use of restorative justice as an alternative to the criminal justice system in cases involving sexual offences.
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December 08, 2025
Quebec’s young lawyers are suffering psychological distress, report reveals
More than 60 per cent of Quebec lawyers with fewer than 10 years of experience suffer from psychological distress, a comprehensive study reveals, painting a disconcerting portrait of young lawyers overwhelmed by stress and struggling with the pressures of billable hours and long workweeks.
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December 08, 2025
Lavery adds family lawyer Kassandra Roberge in Montreal
Lavery has welcomed Kassandra Roberge to its Montreal office.
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December 08, 2025
The hidden mental health crisis facing Canada’s immigration lawyers
Over the past several years, the Canadian immigration system has been transformed by political volatility, rising refusal rates, increasing automation and a level of unpredictability unprecedented in modern practice. Policies change suddenly, pathways disappear without warning, caps are imposed overnight and entire programs fluctuate depending on the priorities of whichever minister happens to be in office that year.