Family
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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.
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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.
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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?
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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.
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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.
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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.
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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.
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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.
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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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May 16, 2025
Federal Court extends deadlines for immigration JRs due to surging cases, inadequate gov’t funding
Contending with far too many immigration cases for its tight budget, the Federal Court this week extended by 45 days its regulation 30-day deadlines for litigants to perfect their applications for leave and judicial review of immigration decisions (ALJRs). Why? Because the registry’s beleaguered staff simply can’t keep up, and now often needs weeks rather than days to intake and process the ALJRs — which have more than quadrupled the average volume the court experienced over the five years immediately preceding the 2020 COVID-19 pandemic.