Family

  • May 27, 2025

    Helpful or hurtful? The dark side of social media sleuthing

    Social media keeps us connected and fosters friendship and community. During the pandemic, in those long dark months after the world shut down, it became a crucial source of connectivity for many. In the years since, social media has become increasingly divisive, crude and untrustworthy. In a world of AI, fake news, deep fakes and strong political opinions, it has brought out some of the worst in people.

  • May 27, 2025

    Estate administration: Conflict of interest

    In Virdi Estate (Re), 2025 BCSC 689, the Supreme Court of British Columbia recently considered a contentious dispute between siblings over who should administer their late father’s estate. This case serves as a useful illustration of how and when a court may utilize its discretion to pass over a named executor due to a conflict of interest, and clarifies the legal framework guiding such decisions.

  • May 23, 2025

    Importance of parental conduct: Court clarifies habitual residence in cross-border custody case

    Canada is a multicultural country, made up of families who have connections and ties to other countries across the globe. It has become increasingly common to see parties relocating to another country after separation. While it is understandable that many individuals would want to continue to exercise their parenting rights in their new location, relocating children from one country to another is often a complex matter.

  • May 23, 2025

    Clicking beyond death: Who gets your digital life after you’re gone?

    In Jamaica, where I’m from, there’s often a mix of amusement and uneasy reverence when people discuss what to do with a person’s “belongings” when their “number has been called”: dead leff. Now, here’s the modern twist: what happens when your dead leff isn’t just a house or jewellery, but an entire digital life?

  • May 22, 2025

    Trial prep 101: A practical guide for lawyers (and a message for clients who want to win)

    Preparing for trial is not something that begins a month out, or while drafting the trial scheduling endorsement. It begins the moment a lawyer first opens a file. This article walks through the foundational elements of strong trial preparation in the context of family law.

  • May 22, 2025

    Opening Iran to tourism and technology: Economic potential, strategic implications

    This article examines the transformative potential of opening Iran’s tourism and technology sectors to international investment and co-operation.

  • May 22, 2025

    Testamentary capacity: Principles and practice

    In the majority of cases, determining whether a prospective client has testamentary capacity is not as simple as discerning between midnight and noon; rather, it is like determining the precise moment at which twilight turns to dark. This article considers some of the issues on point.

  • May 21, 2025

    Struggle, hatred and alienation: The tragic tale of Chyher v. Al Jaboury

    In an ideal world, separation between spouses should be a mature and respectful transition. Even more so when children are involved; the aspiration is for a shared parenting arrangement that honours the bond each parent has with the children and protects their best interests.

  • May 21, 2025

    Drafting a will for an Indigenous client who lives on a reserve

    Any time a lawyer undertakes to prepare a client’s will, it is imperative to obtain salient information about the client and their estate. The information required to prepare an effective will is often more complex and nuanced than simply obtaining a list of the client’s assets and confirming how they are to be distributed.

  • May 20, 2025

    High-conflict parenting and the unique circumstances of adult children with disabilities

    In the recent Ontario Court of Appeal decision, D.F. v. R.W.F., 2025 ONCA 129, Justice Steve Coroza addressed the issue of parenting orders concerning an adult “child of the marriage.” This decision follows J.F.R. v. K.L.L., 2024 ONCA 520, where Justice Lois Roberts emphasized that the meaning of “capacity” is context-dependent and that there is a rebuttable presumption of capacity, including for an adult child with a disability.

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