Family Law

Being At Home: The Children’s Law Reform Act and Jurisdiction in Dunmore v Mehralian

In Dunmore v Mehralian, the Supreme Court of Canada provided an answer to the question: what does it mean for a child to be habitually resident in a place?

Kohli v Thom: Relocation, Family Violence, and the Limits of Income Imputation

In Kohli v Thom, the Court of Appeal for Ontario tackled two recurring flashpoints in modern family litigation: (1) whether a parent who has survived intimate-partner violence may relocate with a young child over the objection of the other parent; and (2) how a court should treat the survivor’s earning capacity when assessing child and spousal support.

APPEAL WATCH: Ahluwalia v Ahluwalia on torts in family law

In Ahluwalia v Ahluwalia, 2023 ONCA 476 [Ahluwalia], the Ontario Court of Appeal (“ONCA”) granted a partial appeal and reduction of damage awards in the context of a family law proceeding. Significantly, it denied the creation of the novel tort of “family violence.” In doing so, it clarified the requirements for introducing tort claims in […]

Enforcing Informal Domestic Contracts: Anderson v Anderson

In Anderson v Anderson, 2023 SCC 13  [Anderson], the Supreme Court of Canada (“SCC”) clarified the approach to considering non-presumptively enforceable domestic contracts. In partially departing from the Saskatchewan Court of Appeal, the Court unanimously ruled that while the overarching principles established in Miglin v Miglin, 2003 SCC 24 [Miglin], can be used in the […]

Barendregt v Grebliunas: The SCC clarifies whether new evidence can be introduced on appeal

In Barendregt v Grebliunas, 2022 SCC 22 [Barendregt], the Supreme Court of Canada ("SCC") examines the process by which new information can be introduced by the parties on appeal, specifically in the context of parenting relocation applications. Examining the various interests at play in a relocation application, the SCC ultimately concludes that finality is one […]

F v N: 'Best Interests of the Child' in Parental Abduction cases

In F v N (2022 SCC 51), the Supreme Court of Canada (“SCC”) decided the question of whether or not Canadian courts have jurisdiction over custody issues involving children in situations of parental abduction. At issue were provisions of the Children’s Law Reform Act (“CLRA”) that sought to create a regime to address such concerns […]

B.J.T. v J.D.: Considerations for Determining the Best Interests of the Child

B.J.T. v J.D., 2022 SCC 24 [B.J.T.] is a case concerning a custody dispute over a child in relation to the Child Protection Act, R.S.P.E.I. 1988, c. C-5.1 [CPA], Prince Edward Island’s child protection legislation.  The story of the parties is long, complicated, and distressing, with the battle for custody of W.D., the child, between […]

Ahluwalia v Ahluwalia : Putting a Cost on Family Violence in Divorce Proceedings

Content Warning: this article has some descriptions of violence and abuse that may be triggering to some readers*  Justice Mandhane of the Ontario Superior Court of Justice (“ONSC” ) has re-framed how family violence is addressed in divorce proceedings in the recent case of Ahluwalia v Ahluwalia, 2022 ONSC 1303 [Ahluwalia]. Previously, survivors of family […]

Association de médiation familiale du Québec v. Bouvier : SCC Finds the Exception to Settlement Privilege Applies in the Family Mediation Context

Should conversations that take place during family mediation remain confidential? In Association de médiation familiale du Quebec v. Bouvier, 2021 SCC 54 [Association de mediation] the Supreme Court of Canada (“SCC” or “the Court”) held that the exception to the general rule of settlement privilege can apply in the context of family mediation.  An exception […]

Colucci v Colucci: Framework for Reducing or Rescinding Child Support Arrears Retroactively

There has been confusion in the courts surrounding the applicable framework for determining applications under section 17 of the Divorce Act, R.S.C. 1985, c. 3 (2nd Supp.) to retroactively reduce or rescind the amount of owed child support (Colucci v Colucci, 2021 SCC 24 [Colucci], para 3). This confusion has partly resulted from the courts' […]