CANADA Trends and Developments Contributed by: Lorne MacLean, KC, Fraser MacLean, Sophie Bartholomew and Rana Yavari, MacLean Law
guardianship, property division, child and spousal support, divorce, and the drafting of complex financial agreements. She has worked on high- profile, complex matters across the province, and is known for balancing strong advocacy with empathy and guiding clients through emotionally and legally challenging family law disputes with professionalism and care.
MacLean Law 2900-1021 West Hastings Street Vancouver, BC Canada Tel: +1 604 697 2800 Fax: +1 604 682 0556 Email: lmaclean@macleanlaw.ca Web: www.macleanlaw.ca
Shifts in Canadian Family Law: Jurisprudence, AI Ethics and Cross‑Border Challenges Canadian family law in 2025 continues to evolve in response to shifting social, economic, and technologi ‑ cal realities. Courts, legislators, and legal profession ‑ als are adapting to new family structures, increased global mobility, and emerging technologies. The fol ‑ lowing summarises the most significant trends shap ‑ ing the legal landscape. Evolution under Federal Divorce Act amendments The 2025 legal environment reflects ongoing refine ‑ ment of the federal Divorce Act, informed by recent appellate and Supreme Court decisions. Key themes include jurisdictional disputes, recognition of family violence, spousal support reviews, step‑parent obli ‑ gations, and parenting orders for adult children. a. Dunmore v Mehralian, 2025 SCC 20 The Supreme Court of Canada clarified the test for “habitual residence” under Ontario’s Children’s Law Reform Act. The Court emphasised a child‑centred factual assessment of where a child is actually “at home”, rather than relying on parental intentions about where to settle.
b. Ahluwalia v Ahluwalia (Supreme Court Hearing, 2025) Heard in February 2025, this case considers whether Canadian law should recognise a standalone tort of family violence. The Ontario Court of Appeal declined to create the new tort; however, the Supreme Court of Canada’s involvement marks a crucial moment for civil redress mechanisms for survivors. Reasons are still pending. c. Kholi v Thom, 2025 ONCA 200 The Ontario Court of Appeal confirmed that family vio ‑ lence must be considered when determining whether to impute income to a victim. Abuse that affects a victim’s ability to work must form part of the financial assessment. d. D.F. v R.W.F., 2025 ONCA 129 The Court clarified that restrictive parenting orders for adult children with disabilities must include review mechanisms. Courts must also respect such chil ‑ dren’s autonomy and their right to express their views. e. Kassabian v Marcarian, 2025 ONCA 239 The Court consolidated the non‑exhaustive list of fac ‑ tors used to determine a separation date, confirming
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