Recent developments in Canada's securities markets highlight their national character and call for a fresh consideration of the question of federal securities regulation. Developments in the constitutional case law have changed the legal context, such that the trade and commerce and the peace,...

The Supreme Court of Canada's judgment in Rick v. Brandsema (2009), setting aside an agreement dividing assets on divorce, merits careful study for the Court's approach to crucial doctrinal relationships between statutory family law and the general private law as well as between federal and...

To advance debates on legal responses to parenting by gay and lesbian couples, this article introduces reforms enacted by the legislature of Quebec, a civil law jurisdiction with a codified private law, in 2002. Quebec's pioneering regime permits two persons of the same sex to register as a...

Who sues when cohabiting relationships unwind, before and after reform that extends matrimonial sharing of family property to cohabitants? This paper reports findings from the Canadian provinces of Saskatchewan and British Columbia, where reform aimed to divert cohabitants from claims in unjust...

This paper takes Justice Wilson's majority judgments in the Pelech v. Pelech trilogy (1987) as point of departure for an inquiry into the life over time of family law judgments and family law scholarship. It argues that it is worth attending to the ways in which the experience of critically...

Recent debates over same-sex marriage prompt reflection more generally on the competing norms regulating marriages. Two supremacy claims emerged in the debates, one that religious traditions provide the supreme law of marriage, another that civil marriage is entirely secular and its supreme law...

This article proposes relational contract as a model for analyzing marriage under Canadian law. In contrast, in Bracklow v. Bracklow, the Supreme Court of Canada recognized two "competing" models of marriage and three models of spousal support. The difficult policy issues in the law of spousal...

To advance debates on legal responses to parenting by gay and lesbian couples, the paper introduces reforms enacted by the legislature of Quebec, a civil law jurisdiction with a codified private law, in 2002. Quebec's pioneering regime permits two persons of the same sex to register as a child's...

Since 2002, Quebec has provided a means for a child to acquire two parents of the same sex via the original act of birth. This paper presents Quebec’s 2002 reforms relating to filiation to an English-language Canadian readership. It also aims to enlarge the doctrinal discourse in that...