CANADA Trends and Developments Contributed by: Lorne MacLean, KC, Fraser MacLean, Sophie Bartholomew and Rana Yavari, MacLean Law
sising early resolution via the new Family Justice Strategy while managing complex parental disputes. In HDO v MDF , 2025 ABCA 367 the Court refused to halt an order for a mother to return children from Ontario, highlighting the importance of stability and primary caregiver roles in bitter custody battles. In TRS v JVS , 2025 ABCA 313, the Court dismissed a father’s appeal, affirming interim decisions aimed at allowing Child and Family Services (CFS) to ensure the safety of their daughter, reinforcing child protec ‑ tion mandates. c. Ontario Major family cases in 2025, include Kirby v Woods , 2025 ONCA 437: which was an important decision regarding the protection of children’s privacy within family law litigation. The Ministry of the Attorney General launched the first phase of a new digital platform for the Superior Court of Justice in Toronto, covering family and civil matters to address access to justice. d. British Columbia Major themes include family violence, pet custody, and property tracing. Canada has a no-fault divorce regime and miscon ‑ duct should only be considered if it has an economic impact upon one of the spouses. The goal was to try to minimise a “he said, she said” fault and blame competition. Nevertheless, preventing family violence has become a priority in all Canadian jurisdictions. Unequal property division due to family violence In the case of C.S.K. v P.K. , 2025 BCSC 1728, the BC Supreme Court awarded the wife 75% of the fam ‑ ily home (an unequal division of family property) after finding she experienced lasting economic disadvan ‑ tage due to family violence. This decision highlights the court’s use of its discretion under the Family Law Act to address the economic consequences of abuse. Pet custody ruling BC is one of the first jurisdictions to create specific legislation for dealing with the division of pets on rela ‑
tionship breakdown. This legislation recognised that pets are a special form of family property and that special considerations should apply. Interestingly, the legislation explicitly prohibits the sharing of pets after separation except by agreement of both parties. For the first time, a BC judge awarded sole posses ‑ sion of a family pet in a divorce proceeding, ruling that under the Family Law Act, a judge cannot award joint ownership or require shared possession of a com ‑ panion animal without prior agreement. This sets a significant precedent across the country regarding pet “custody”. However, in 2024, the BC Supreme Court issued a landmark ruling in Bayat v Mavedati (2024 BCSC 619), marking the first time the court awarded joint custody (shared possession) of a dog following amendments to the Family Law Act. The judge based the decision on new 2024 provincial laws that recognise pets as “sentient beings” and “companion animals” rather than mere property like furniture. Both parties were found to have a deep concern for the dog’s wellbeing and had contributed equally to her cost. Clarifying tracing of co-mingled family and excluded property The BC Court of Appeal provided fresh insight into tracing co-mingled property under the Family Law Act in O’Connor v O’Connor , 2025 BCCA 34, which helps clarify an unsettled area of family law. Closing thoughts The authors believe that family law is the single most important area of law for any worldwide jurisdiction. With divorce and separation rates of roughly 50% of married and marriage-like relationships, this area of law touches more citizens than any other area of law in any jurisdiction. Family lawyers and the courts must prioritise the prompt and successful movement of family law disputes through the system. The goal of any jurisdiction should be to ensure that both intact and fractured family law units thrive. The goal for the children of these separated families is for them to grow up to be successful and productive citizens of their nation. There is no margin for error. We need to ensure that separated families move forward success ‑ fully as winners free from bitterness and recrimination.
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