Family

  • 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.

  • July 24, 2026

    Spouses, estate law and the principal residence exemption

    This is the scenario: John and Jane each purchase a real property in Ontario in 2003, to which they take title in their names alone. John purchases a residential property for $2,000,000 (“John’s property”) and Jane purchases a cottage property for $1,000,000 (“Jane’s property”). In 2006, John and Jane become common law spouses and go back and forth between living at their respective properties — typically John’s during the fall and winter months and Jane’s during the spring and summer months. John and Jane never enter into any domestic agreement. Both were previously married and have children from prior marriages, who are their primary beneficiaries and not each other.

  • July 24, 2026

    Procedural pitfalls: Ontario landlord-tenant law relating to own-use evictions

    The law governing residential tenancies under the Residential Tenancies Act, 2006, S.O. 2006, c. 17 (RTA), has evolved significantly since its enactment. A recent landmark decision from the Ontario Court of Appeal has fundamentally reshaped how risk is allocated in residential tenancy litigation in Ontario.

  • July 23, 2026

    N.W.T. brings more laws into force to protect victims of family violence

    The Northwest Territories has new legislation to better support victims of family violence, including laws that formally recognize stalking, give people greater ability to protect themselves and allow victims to sue perpetrators.

  • July 23, 2026

    Family law: Looking out for yourself or the client

    Eleanor practised family law. She was good at the technical stuff, but not so good at dealing with clients. Especially vulnerable clients, such as people getting divorced.