Family

  • October 05, 2026

    Some suggested Ahluwalia protocols in family law

    Since the Supreme Court decision in Ahluwalia v. Ahluwalia, 2026 SCC 16, my calendar has been quite busy with in-person court attendances, law association events and CPD programs.

  • October 02, 2026

    Supreme Court kicks off busy fall session with new judge from the west and impressive new digs

    The Supreme Court’s fall session is packed with interesting appeals in diverse areas of law including class actions, contracts, Crown immunity and Charter rights. The top court’s session begins Oct. 5 with an “opening of the court” ceremony in the West Memorial Building at 344 Wellington Street in Ottawa.

  • October 02, 2026

    MARITAL OR FAMILY PROPERTY - Share of ownership - Unjust enrichment

    Appeal by William from an order holding that he was unjustly enriched and other findings. William and Shelley were in a three-and-one-half-year common law relationship.

  • October 01, 2026

    Limited shareholder expectations under parental control do not carry over to sibling control: court

    The British Columbia Court of Appeal has upheld an oppression finding against a family company, ruling that a shareholder’s limited expectations while her father controlled the business did not restrict her entitlement to equitable treatment after her brother assumed control.

  • October 01, 2026

    Hafeez Khan appointed to Manitoba Court of King’s Bench

    Hafeez A. Khan has been appointed a judge of the Court of King’s Bench of Manitoba, Family Division, in Winnipeg.

  • October 01, 2026

    Mental health, AI on radar of Manitoba law society president

    Mental health, job stress and keeping up with AI remain “front of mind” for the new president of Manitoba’s law society.

  • October 01, 2026

    Back-to-school doesn’t create family law disputes. It exposes the ones already there

    Every fall, I hear some version of the same call. Two parents who spent the summer managing around each other, sometimes well, sometimes barely, suddenly find themselves in open conflict over a decision that has to be made right now: which school a child is registered at, which parent signs the form, whether an extracurricular activity happens on a day that falls outside the regular schedule. On the surface, it looks like a dispute about a single decision. It rarely is.

  • October 01, 2026

    Motor vehicle fatality claims: How to properly manage/represent families after tragedy

    Fatality claims are unlike any other claims in personal injury law. From a litigation perspective, they may be the simplest cases we have. However, from a client management perspective, they are no doubt the most difficult.

  • September 30, 2026

    Ontario chief justices highlight reforms, challenges as part of court opening ceremony

    Ontario’s three chief justices officially opened the courts Sept. 29, highlighting the achievements of the past and the challenges in the future for the province’s judicial system. Ontario Chief Justice Michael Tulloch, alongside his colleagues Ontario Superior Court Chief Justice Patrick Boucher and Ontario Court of Justice head Sharon Nicklas, led the ceremony that took place at Osgoode Hall.

  • September 30, 2026

    Ahead of the pack: B.C. leads again by encouraging parties to try to settle before coming to court

    British Columbia has again shown the rest of Canada what forward-thinking justice reform looks like.

  • September 30, 2026

    Exclusive: SCC’s Côté J. talks advocacy, key cases & rule of law as her 12th anniversary approaches

    Supreme Court of Canada Justice Suzanne Côté says she finds intervener advocacy on Zoom to be as effective as oral submissions made in the courtroom, but she is also alive to contrary arguments made by legal organizations, such as the Canadian Bar Association and The Advocates’ Society.

  • September 29, 2026

    Manitoba investing in youth transitioning out of provincial care

    Manitoba is “strengthening the support system” for young adults aging out of provincial care as part of its mission to reduce poverty, prevent homelessness and help vulnerable residents. According to a Sept. 28 news release, the initiative is intended to assist young adults transitioning out of the Child and Family Services (CFS) system.

  • September 28, 2026

    Lawyers think they are good at communication — but do they pause?

    Ask any lawyer to name the most important advocacy tools and you will hear their checklist — knowing the law, skillfully drafting documents, studiously preparing for hearings and delivering forceful oratory. Almost no lawyer mentions that staying silent, pausing before speaking and delivering a relational message are the most important advocacy tools.

  • September 28, 2026

    Intergenerational business transfer capital gains exception: What the vendor gives up matters

    Section 84.1 of the Income Tax Act, the intergenerational transfer rules, has since 2024 contained a working exception for sales of a private company to a child’s corporation. Paragraph 84.1(2)(e) deems the vendor and the purchaser corporation to deal at arm’s length where the conditions of either ss. 84.1(2.31) or (2.32) are met, which switches off the deemed dividend and leaves the vendor with a capital gain eligible for the lifetime capital gains exemption — $1,275,000 for 2026. The conditions are not tax conditions. They are a statutory description of a vendor who has left the business, and the vendor’s counsel, not the accountant, is the one who has to make the client match it.

  • September 28, 2026

    A new report says Ontario’s protection orders are broken. The numbers are hard to argue with

    On Aug. 5, 2026, the Law Commission of Ontario (LCO) released two survey reports as part of its ongoing review of protection orders in the province. One surveyed 80 people with lived experience of the system. The other surveyed 257 legal and social service professionals who work inside it.

  • September 28, 2026

    Brynne Thomas, Sian Shin return to Epstein Cole

    Brynne Thomas and Sian Shin have returned to Epstein Cole as associates in Toronto after previously working with the firm as summer and articling students.

  • September 28, 2026

    Alberta makes 4 judicial appointments

    Alberta has announced four judicial appointments, including one applications judge to the Court of King’s Bench and three justices to the Alberta Court of Justice.

  • September 25, 2026

    Supreme Court’s Côté J. an impactful ‘out of the box’ thinker: law professor

    Supreme Court of Canada Justice Suzanne Côté has significantly impacted the top court’s jurisprudence and culture since her appointment almost 12 years ago, says University of Alberta constitutional law professor Gerard Kennedy.

  • September 25, 2026

    Exclusive: Supreme Court of Canada Justice Suzanne Côté mulls her post-bench future

    Supreme Court of Canada Justice Suzanne Côté is thinking about what life after the bench might look like, she tells Law360 Canada. The court’s impactful and most prolific judge, who turned 68 this week with no apparent loss of drive or energy, says she is healthy and still loves the work that has earned her a reputation as a trailblazer and original thinker.

  • September 25, 2026

    Alberta appeal parses sentencing for manslaughter under Youth Criminal Justice Act

    An Alberta Court of Appeal decision illustrates the discretion available to a sentencing judge under the Youth Criminal Justice Act (YCJA) in determining how to consider a young offender’s pre-sentence custody (R. v. I.A., 2026 ABCA 298).

  • September 25, 2026

    More than property, less than kids: How B.C. family law treats companion animals

    In 2024, British Columbia took a seismic step away from treating family pets as ordinary property under the law when couples separate. Amendments to B.C.'s Family Law Act took effect on Jan.15, 2024 and introduced specific factors that courts must consider when determining which spouse should be granted ownership or possession of the family's companion animal. (See: B.C. Gov News.) 

  • September 25, 2026

    90/10 means 90/10: How the Ontario Court of Appeal unravelled the Stacey v. Vey award

    Shelley-Anne Stacey and William Vey lived together for three and a half years. They never married and had no children. The Appeal Court determined that the uncontroverted evidence was that there was a brief relationship that was not stable, with no children or common family obligations. Stacey moved into Vey’s Richmond Hill, Ont., home in July 2015. Two years later, Vey sold the home and the couple moved into a new home in Alliston, 90 kilometres north of Toronto.

  • September 24, 2026

    An estate lawyer’s guide to the estate litigation galaxy

    As estate planning lawyers, we constantly orbit the estate litigation galaxy, navigating to keep our clients’ estates from being pulled into the black hole of court. This article is a guide for both estate planning lawyers and their clients to stay in “safe orbit” and navigate smartly around some of the most common estate litigation in the galaxy, with a nod to the late 1970s comedy science-fiction series A Hitchhiker’s Guide to the Galaxy.

  • September 24, 2026

    Ontario Court of Appeal bail decision serves as primer on release options

    A recent decision granting bail pending appeal in a serious firearms case reminds us that Canadian bail law focuses on risk, compliance and public confidence, not an accused person’s ability to post bail.

  • September 24, 2026

    CUSTODY, PARENTING, AND ACCESS - Best interests of child - Virtual access - Primary residence - Relocation

    Appeal by claimant from order refusing to require the respondent to return the child to British Columbia, and cross appeal by the respondent from orders finding that the Supreme Court had territorial competence and appointing the claimant as an interim guardian.

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