Canada: Family Law

When children have strained relationships, appointing them as joint executors can create significant challenges in estate administration. Understanding the implications of executor selection and exploring alternative approaches can help prevent family conflicts and ensure your estate is managed efficiently according to your wishes.

The Supreme Court of Canada has established a groundbreaking new common law tort of Intimate Partner Violence, fundamentally changing how survivors can seek civil remedies for coercive and controlling behavior in intimate relationships. This landmark decision introduces a legal framework that recognizes patterns of abuse beyond traditional assault claims, focusing on the cumulative nature of coercive control that strips victims of their dignity, autonomy and equality. Courts across Canada are now beginning

Estate litigation in Ontario arises from various disputes surrounding wills, trusts, and the administration of deceased persons' estates. Understanding the common causes of these legal conflicts can help families and executors navigate the complexities of estate management and potentially avoid costly court battles. This content explores the key factors that trigger estate disputes in Ontario's legal system.

Separating spouses often enter into separation agreements or marriage contracts that include a waiver of spousal support. These provisions are frequently intended to provide certainty, finality, and closure.

When parents separate and share custody equally, many assume child support obligations disappear. Ontario's Child Support Guidelines reveal a more nuanced reality where income differences, household costs, and children's needs determine financial responsibilities even in 50/50 arrangements.

When a testator's will contains errors that don't reflect their true intentions, Ontario courts can apply the legal doctrine of rectification to correct these mistakes. This remedy is available only in limited circumstances: clerical errors, misunderstood instructions, or failure to carry out the testator's directions, requiring strong extrinsic evidence to demonstrate what the deceased actually intended.

Although every adult Canadian should have a will, it is common that people do not turn their minds to their estate planning until they become parents.

Over 10 intensive modules – spread out over 3 months – you will work closely with and receive personalized feedback from senior family law judges...

British Columbia courts apply a contextual, fact-driven analysis to determine whether unmarried couples qualify as spouses under the Family Law Act. This determination hinges on cohabitation for at least two years and whether the relationship functioned like a marriage, with significant implications for property division and spousal support claims upon separation.