Family

  • July 23, 2026

    MAINTENANCE AND SUPPORT - Child support - Spousal support - Retroactive awards

    Appeal by appellant from aspects of a final family law order, and application by respondent to quash or stay the appeal due to non-compliance. The appellant, who did not attend trial, sought to vary orders relating to child and spousal support arrears, mortgage credit, and findings of contempt.

  • July 22, 2026

    The coercive control lens: A new framework for family law decision-making

    “Coercive control” is rapidly becoming one of the defining concepts of modern Canadian family law. Courts must now expand their focus of family violence and must consider whether one party exerted coercive control over the other party during the relationship.

  • July 22, 2026

    A slap in the face to the power of good oral advocacy

    Upon receiving the Consolidated Practice Direction for Central East Region (the PD) from the Ontario Superior Court of Justice, updated July 7, 2026, I actually read it, or at least all parts relating to family law. Without exaggeration, I was shocked to read paragraph 186 confirming that all short motions will be “heard” (my quotations) presumptively (their word not mine) in writing! However, parties and counsel are to be “available” (my quotations) on Zoom in case the presiding justice wishes to hear submissions. Counsel and parties will not be given entry into the Zoom unless the presiding justice deems it necessary. “Parties and counsel are not permitted to make oral submissions unless the judge permits.”

  • July 22, 2026

    Intermediary dilemma: The structural architecture behind public service delivery impasses

    Public service delivery strikes are routinely framed in popular discourse as localized, binary disputes between individual employers and their workforces. Yet, when these disruptions hit independent delivery networks, the stalled bargaining tables reflect a much broader systemic crisis.

  • July 21, 2026

    AI poised to save separating families millions of dollars and years of time

    The results of a recent study by an Ontario university and a non-profit organization have been published, and the conclusions are startling: the use of AI in family law disputes could produce legally accurate and fair outcomes at a fraction of the cost usually incurred — in most cases, in less than three minutes.

  • July 21, 2026

    How are our judges feeling about work?

    Canada’s federal judiciary is an important population whose day-to-day burdens have rarely been studied despite their institutional importance. For all the gravity of their role, we are only now uncovering how Canada’s judges are managing their mental health.

  • July 17, 2026

    Feds to spend $607M in next phase of plan to end gender-based violence

    Canada’s government is spending more than half a billion dollars to support the next phase of its decade-long push to eradicate gender-based violence. On July 16, it was announced that Ottawa will be investing $607.4 million into its ongoing National Action Plan to End Gender-based Violence — a 10-year initiative where participating provinces and territories sign on to the plan and, in exchange, receive funding to help implement the plan in their respective jurisdictions.

  • July 16, 2026

    B.C. Appeal Court overturns child return order over flawed relocation analysis

    The B.C. Court of Appeal has set aside an order requiring a young child to be returned from New Brunswick to British Columbia, finding the provincial court failed to conduct a forward-looking analysis of competing parenting plans and improperly assumed the child’s mother would return with him.

  • July 15, 2026

    Civil appeals dominate SCC’s fall session as top court increases leave grants, case hearings in 2026

    As the Supreme Court of Canada moves to accept more cases in 2026, it has announced an especially packed fall session, with 31 appeals slated for argument from October through December. There are only 13 criminal law cases on the fall schedule that was unveiled by the top court this week: eight are as-of right appeals and just five are by-leave criminal appeals (one is both by leave and as of right).

  • July 14, 2026

    Some random thoughts to improve the family law system

    Claims for a joint family venture (JFV) arising from a plea of unjust enrichment have become increasingly popular in family law courts in Ontario.

  • July 13, 2026

    Quebec, Innu council sign agreement to replace Youth Protection Act

    Canada, Quebec and the Innu Takuaikan Uashat mak Mani-utenam (ITUM) council have signed the Tshisheuatishitau Child and Family Services Coordination Agreement, the first of its kind in the province to recognize the First Nation’s jurisdiction over these services. 

  • July 13, 2026

    100K backlog: Forcing timely Bill C-3 citizenship decisions

    When Bill C-3, An Act to amend the Citizenship Act (2025), took effect last December, the federal government took a predictable victory lap. By passing the legislation, Ottawa permanently dismantled the “first-generation limit” that stripped Canadian citizenship from thousands of children born abroad to Canadian parents. Politicians hailed it as the ultimate remedy for the “Lost Canadians.”

  • July 10, 2026

    Supreme Court upholds 6-month mandatory minimum for soliciting or obtaining sex with children

    The Supreme Court of Canada has affirmed 7-2 the constitutional validity of the mandatory minimum penalty (MMP) of six months’ incarceration for those who pay to obtain — or communicate to buy — sex with persons under age 18. On July 10, Justices Suzanne Côté and Michelle O’Bonsawin, in joint reasons for the majority, allowed the appeal of the Attorney General of Quebec and set aside the Quebec Court of Appeal’s 2024 decision that struck down s. 286.1(2)(a) of the Criminal Code as a violation of the Charter’s s. 12 prohibition against cruel and unusual punishment: Quebec (Attorney General) v. Denis, 2026 SCC 25.

  • July 10, 2026

    Many trial judges overworked and stressed — but not as much as lawyers: new national survey

    Many federally appointed trial judges report stress from excessive workloads, limited control over their time in the workplace and too few support resources, according to a new national survey of judges’ physical and psychological health. On July 9, the Canadian Judicial Council (CJC) reported on extensive research commissioned from the Université de Sherbrooke between 2024 and 2026 by the council of 44 chief and associate chief justices.

  • July 10, 2026

    Cottage country access dispute: Ontario Court of Appeal upholds historic agreement

    This case deals with landlocked cottages and a dispute over a right-of-way within the Cressview Lakes Corporation.

  • July 09, 2026

    B.C. to expand family law network with 2 new clinics

    British Columbia has announced plans to open two new family law clinics to bring more in-person legal services to survivors of family violence. The new clinics, which will support people in Kamloops and Prince George, B.C., are part of the Family Law Centre network, a provincially funded service that provides free, trauma-informed legal support to people experiencing family violence.

  • July 09, 2026

    Privacy commissioner, G7 counterparts release statement on privacy-preserving age assurance

    On July 8, the Office of the Privacy Commissioner of Canada (OPC) released a statement on privacy-preserving age assurance. The statement, adopted at the G7 Data Protection and Privacy Authorities (G7 DPAs) Roundtable, emphasizes a commitment to children’s privacy and raises several key data protection issues being considered globally.

  • July 08, 2026

    How to decide between arbitration and litigation

    Mediation doesn’t always end with a handshake. After 39 years of handling commercial and employment disputes, I can tell you that a failed mediation is not necessarily a failure of the process; often, it is useful information. It tells you something about where the parties actually stand, and it forces a decision that matters as much as anything that came before it: arbitration or litigation?

  • July 08, 2026

    A day wasted driving to court

    Last week, I had a settlement conference scheduled at the Milton, Ont., courthouse on one of my “remaining” litigation files.

  • July 08, 2026

    P.E.I. library hotspots could help residents access virtual court: province

    Prince Edward Island is bringing internet access to those who lack it with portable hotspot devices available through the library — and there is “no reason” they could not be used for virtual court appearances, says a government spokesperson.

  • July 07, 2026

    Legal Aid CEO Charlene Moore joins N.S. Supreme Court

    The federal government has appointed Charlene J. Moore as a judge of the Supreme Court of Nova Scotia (Family Division) in Sydney.

  • July 06, 2026

    Prime minister appoints new chief justices of the Ontario Superior Court of Justice & Federal Court

    Prime Minister Mark Carney has appointed new leaders to head two of Canada’s major trial courts. On July 6, Justice Alan Diner was appointed chief justice of the Federal Court, the national superior trial court that decides disputes in the federal domain. He succeeds Paul Crampton, who retired from the post Oct. 31, 2025.

  • July 03, 2026

    When case management decisions become constitutional challenges: Eccles v. Eccles

    In-person litigants Kelly Eccles and Justin Eccles are racking up more travel miles in Alberta’s Court of Appeal, following Ms. Eccles’ latest appeal — appeal number seven, but who’s counting?

  • July 03, 2026

    Family judge exhibited ‘reasonable apprehension of bias’; lawyer warns judges must maintain fairness

    Trial judges must be careful with their comments to lawyers and other parties to avoid the appearance of bias — particularly with family law matters, which often involve “difficult facts, difficult personalities and emotionally charged circumstances,” says a lawyer. The June 16 Nova Scotia Court of Appeal ruling in Stronach v. Stronach, 2026 NSCA 47 involved a parenting and child support dispute.

  • July 03, 2026

    Milestones and practice: Commentary on the IBA’s Canada report on women and equality

    The International Bar Association’s (IBA) recent report marks a meaningful demographic milestone: women now form a majority of the Canadian legal profession. Combined with the historic female majority on the Supreme Court of Canada, it signals progress that deserves recognition.

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