Family
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January 21, 2026
Billable hours, client trauma and vicarious stress in legal practice
Lawyers who live in a billable-hour world know that time is money, but for those working with traumatic subject matter, time equals exposure. The more hours spent inside a client’s worst days, the more likely it is that the work follows you home at night.
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January 21, 2026
MAINTENANCE AND SUPPORT - Child support - Retroactive awards
Appeal by Samantha Herath from two orders of a chambers judge in a family law matter. Herath and MacKay consented to a final order addressing divorce, shared parenting of their two children, child and spousal support, s.7 expenses, and division of family property.
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January 20, 2026
Establishing gifts and excluded assets in family law: The Court of Appeal weighs in
The Ontario Court of Appeal recently released its reasons for decision in the matter of Lau v. Tao, 2025 ONCA 819, an appeal addressing a series of property-related disputes arising from the breakdown of the parties’ marriage. The decision addresses intergenerational gifts and trusts in the context of equalization under Ontario’s Family Law Act.
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January 19, 2026
When will parental alienation lead to reduced child support?
When does a parent’s deliberate obstruction of court-ordered parenting time justify the cancellation or reduction of child support? That question was addressed by the Supreme Court of British Columbia in K.A.N. v. N.L., 2025 BCSC 2477.
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January 19, 2026
What estate litigators can expect in 2026
2025 marked significant updates in estate litigation, introducing key reforms for practitioners. Changes to Estate Forms under Rules 74, 74.1 and 75 of the Rules of Civil Procedure, which took effect mid-August to simplify probate applications, will remain active into 2026. A notable Ontario Superior Court ruling in Mavalwala Estate v. Fast, 2025 ONSC 4100 confirmed that only physically executed wills are valid, and that electronic drafts are not valid. There have also been discussions regarding the changes to the Rules, which started in 2025 and will be implemented in 2026.
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January 19, 2026
Avoiding U.S. immigration pitfalls
Requesting immigration status at the border or filing for an immigration benefit with the U.S. government has many pitfalls and challenges, many of which can be avoided with careful planning and strategic decision-making. Some of the best ways to avoid immigration pitfalls include the following:
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January 19, 2026
11 tips to get the most for your clients in mediation
In mediation, disputing parties explore whether they can agree on a resolution with the help of a neutral mediator. By contrast, in a trial or arbitration, the conflict ends with a decision imposed by a third party, and remedies are restricted to what is legally available. In mediation, the decision-makers are the parties themselves, and any resolution can be tailored specifically to their interests.
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January 19, 2026
MAINTENANCE AND SUPPORT - Support of common law partner
Appeal by appellant from a chambers decision declaring the respondent to be Somers’ adult interdependent partner at the time of his death. The respondent applied for the declaration under the Adult Interdependent Relationships Act (AIRA), that she was the adult interdependent partner of the deceased and therefore entitled to apply for support and maintenance from his estate.
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January 16, 2026
SCC’s packed winter session features momentous appeal on Charter s. 33 override provision
The Supreme Court of Canada began hearings in its very busy winter session this week, which features a potentially watershed constitutional appeal and the surprise announcement that Justice Sheilah Martin, the court’s senior western judge, will retire next spring.
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January 16, 2026
Ontario Civil Rules Review report calls for binding judicial dispute resolution
In my last article for Law360 Canada, I provided an overview of the Ontario Civil Rules Review (CRR), its Working Group and the Working Group’s final policy report (the Report), which called for, among other things, two reforms to the pre-trial process. That article explored the following reforms: