Family

  • 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.

  • July 30, 2026

    What do we owe the perpetrator in the wake of Ahluwalia?

    In the two months since the Supreme Court of Canada released its decision in Ahluwalia v. Ahluwalia, 2026 SCC 16, recognizing a new tort of intimate partner violence (IPV) rooted in coercive control, the family law community has produced a wave of discussion, published commentary and CPDs. Nearly all of it, understandably, centres on the survivor.

  • July 30, 2026

    Unresolved constructive trust and sale of property: Fournier v. Giannousopoulos

    Constructive trust claims and joint family venture claims are often used in family law matters when, following a breakdown of a relationship, one party has been unjustly enriched at the expense of the other.

  • July 30, 2026

    Gifts, loans and ‘mom promised me the house’

    In 2009, a mother transfers $150,000 to her eldest son so he can close on his first house. Nothing is signed. She mentions to a neighbour that he will pay her back “when he is on his feet.” She tells the son it is “his share, early.” Meanwhile, her daughter gives up an apartment and a job in another city, moves into the family home and spends 11 years caring for her mother, on the strength of an assurance repeated over many Sunday dinners: the house will be yours. The mother dies in 2024. Her will divides the estate equally among her three children.

  • July 29, 2026

    Shares from trust not ‘gift’ from third party after marriage, Ontario Appeal Court says

    Ontario’s top court has ruled that a woman’s interest in a family trust created during an estate freeze was not a gift from a third party after marriage, a finding that led to an $18-million equalization payment to her former husband.

  • July 29, 2026

    MAINTENANCE AND SUPPORT - Spousal support - Separation and settlement agreements - Variation or termination

    Appeal by appellant from a variation order of the Court of King’s Bench (Family Division) that reduced spousal support on a graduated basis to a nominal amount following the termination of child support.

  • July 28, 2026

    A clash of loyalties: Executor conflicts of interests

    Choosing an executor is one of the most consequential decisions in estate planning. An executor is a fiduciary required to act honestly, impartially, and in the best interests of the estate over their own. Where an executor’s personal obligations, financial interests, or relationships conflict with these duties, these conflicts of interest can lead to family disputes, high legal costs, and can jeopardize proper estate administration.