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2025 Canadian Family Law Year in Review

2025 was a landmark year for Canadian family law. After nearly a decade without changes to the Federal Child Support Tables, Ottawa finally published updated amounts — and that was just the beginning. Courts delivered important decisions on jurisdiction, family violence, and income imputation, while provinces rolled out procedural reforms aimed at keeping families out of court. Here is our review of the year.

Federal Child Support Table Update

The biggest family law story of 2025 was the first update to the Federal Child Support Tables since November 2017. New table amounts under SOR/2025-166, published in the Canada Gazette on September 10, took effect on October 1, 2025. The tables apply in every province and territory except Quebec.

Key changes include:

Existing court orders and agreements are not automatically updated. However, the difference between old and new table amounts may constitute a "change in circumstances" sufficient to vary an order. Parents should apply to court or use a provincial recalculation service.

At Divorcepath, our child support calculator was updated on day one to use the 2025 tables, so every calculation run after October 1 automatically reflects the new amounts.

Federal Tax Changes Affecting Support

Two federal tax changes in 2025 directly affect support calculations. First, the lowest federal income tax bracket rate was reduced from 15% to 14%, effective July 1, 2025 (resulting in a blended 14.5% rate for the 2025 tax year). Second, CPP2 entered its second year, with the Year's Additional Maximum Pensionable Earnings (YAMPE) set at $81,200. Both changes alter after-tax income figures used in spousal support and section 7 expense calculations. Our calculators were updated to reflect both changes as soon as they took effect.

Notable Court Decisions

Dunmore v. Mehralian, 2025 SCC 20

In June, the Supreme Court of Canada delivered an important ruling on custody jurisdiction. The case involved an international family who had lived in several countries before arriving in Ontario. The central question was how to determine a child's "habitual residence" under Ontario's Children's Law Reform Act.

In an 8–1 decision, the SCC held that the guiding principle is whether the child is "at home" in a place — not whether parents had a shared settled intention to reside there. The Court adopted a contextual, fact-based approach focused squarely on the child's life and circumstances rather than legal formalities. The decision provides a clearer framework for jurisdiction disputes involving mobile families.

Kohli v. Thom, 2025 ONCA 200

The Ontario Court of Appeal addressed the intersection of family violence and income imputation. The trial judge had acknowledged the mother's experience of family violence but then imputed full-time minimum-wage income to her without accounting for its impact on her earning capacity. The ONCA overturned that finding, holding that family violence findings must be meaningfully integrated into the support analysis — a trial judge cannot acknowledge violence and then ignore its effects when determining what a party can earn.

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Kalmbach v. Kalmbach, 2024 ABCA 281

The Alberta Court of Appeal set aside a contempt order for support non-payment, finding that the sanctions — including a stay of interim support — were tainted by procedural unfairness. The decision underscores ABCA's commitment to due process, even where a self-represented party has failed to comply with court directions.

Provincial Developments

Ontario

Ontario launched the Ontario Courts Public Portal (OCPP) in Toronto on October 14, 2025, replacing Justice Services Online for electronic filing of family law and child protection documents. Documents are reviewed within three business days. Separately, an amendment to the Family Law Rules effective January 22 added Rule 43: Binding Judicial Dispute Resolution, allowing parties to consent to a process where the same judge first attempts settlement and then makes final orders on unresolved issues in a single hearing.

The Ontario Superior Court also issued formal AI practice directions for civil, family, and criminal proceedings, requiring transparency, accuracy, and accountability when lawyers use AI tools. Consequences for misuse range from cost orders to contempt proceedings.

British Columbia

BC made significant strides with its Early Resolution Process (ERP). In April 2025, the program expanded to Chilliwack, Abbotsford, and New Westminster; in November, it reached Vancouver (Robson Square), North Vancouver, Richmond, Sechelt, and Pemberton. Evaluation data is encouraging: roughly 60% of participating families did not proceed to court with unresolved issues, and 57% of families in Surrey resolved their matters entirely out of court.

The province also enacted pension division amendments to the Family Law Act (effective January 1, 2025), clarifying the handling of locked-in retirement accounts and survivor benefits. And proposed FLA amendments would update the definition of family violence to include coercive and controlling behaviour, technology-facilitated violence, and financial abuse, while extending default protection order lengths from one year to two.

BC also announced a $29.1 million legal aid expansion over three years, including a new family law clinic model and updated income thresholds.

Alberta

Alberta's Court of King's Bench announced the Family Focused Protocol (FFP), effective January 2, 2026. It is the most ambitious procedural overhaul in years: parties must attempt ADR within six months before filing, a dedicated justice is assigned for intake triage, and mandatory Parenting After Separation courses and financial disclosure are required upfront.

On the funding side, the province reduced Legal Aid Alberta's budget from $110 million to $88 million, a move that drew criticism from the Alberta Law Foundation and access-to-justice advocates.

Legal Technology and AI

AI in legal practice was the year's hottest topic. According to a Best Lawyers survey, 80% of Canadian firms with 20 or more lawyers are investigating or piloting generative AI — yet only 7% have fully implemented it across multiple practice areas. Family law adoption remains cautious, and for good reason: a Toronto lawyer faced criminal contempt proceedings in 2025 after submitting AI-hallucinated case citations to the court.

Nine Canadian law societies — including Alberta, Manitoba, Saskatchewan, British Columbia, Ontario, Nova Scotia, Quebec, Newfoundland and Labrador, and the Northwest Territories — have now issued formal guidance on AI use. Legal Aid Ontario will require roster lawyers to confirm annually, starting January 2026, that they have read and comply with LSO AI guidance. The Ontario Superior Court's new practice directions signal that courts expect lawyers to take personal responsibility for every word in their filings, regardless of how it was generated.

Divorcepath Milestones

At Divorcepath, 2025 was a year of significant product development:

We also expanded our court form coverage and continued to improve accuracy and performance across the platform.

Looking Ahead to 2026

At Divorcepath, we have an ambitious roadmap for 2026, including expanded provincial court form support, enhanced document automation, and new tools for collaborative law and mediation.

Thank you to everyone who used Divorcepath in 2025. Your feedback drives everything we build. For the latest updates, follow us on our blog or get in touch.

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