Wills, Trusts & Estates
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November 08, 2024
SCC elaborates on framework, scope for judicial review of regs and other subordinate legislation
The Supreme Court of Canada has ruled 9-0 that the Vavilov “reasonableness” standard for judicial review — informed by some of the Katz Group principles — presumptively applies when courts review whether subordinate legislation is authorized by law.
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November 08, 2024
Lerners welcomes 6 new associates in London
Recent news releases from Lerners LLP announced the addition of Greg Woodward, Kevin Wilbee, Emily Woods, Orion Boverhof, Megan Linaric and Daniele Sing as associates in the firm’s London offices.
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November 07, 2024
Consent judgments should be analyzed according to principles of contractual interpretation: court
Ontario’s top court has ruled on the correct analytical approach to the interpretation of a consent judgment — an issue it had not weighed in on previously.
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November 07, 2024
No explicit oppression remedy provision in Not-for-Profit Corporations Act
In the decision York Condominium Corporation No. 76 v. 10 The Marketplace Ltd., 2024 ONSC 4305, released by the Ontario Superior Court of Justice on Aug. 1, 2024, the court examined several issues surrounding a lease amendment dispute in Toronto’s Crescent Town, including a claim of oppression.
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November 05, 2024
Draft amendments to Canada’s new trust reporting rules proposed
Only one year after implementing new reporting rules for trusts under the Income Tax Act, the federal government is already proposing a number of amendments to the reporting regime.
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November 04, 2024
Succession Law Reform Act: Substantial compliance
Imagine being able to prove that a handwritten note in your notebook could be your last will and testament. That is exactly what the newest Ontario concept in estates law, “substantial compliance,” strives to do.
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November 01, 2024
Judicial council’s 1st ‘guidelines’ for AI use by judges & courts highlight risks, advise caution
The Canadian Judicial Council (CJC) is advising courts to exercise caution when using artificial intelligence (AI) tools given the potential risks, including entangling the judiciary in “legal complexities,” such as the infringement of copyright or violation of privacy laws.
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October 31, 2024
4 Lerners articling students return as associates
Recent news releases from Lerners LLP announced the return of former articling students Madeleine Cleland, Minki Jeong, Brienna French and Sanan (Sunny) Mirza as associates in the firm’s Toronto and London offices.
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October 31, 2024
First dealings exemption: How it can save on probate fees
While not mandatory, if there is a will, third-party institutions such as banks or the land registry office, when dealing with real property, typically require that probate be obtained in order to deal with the assets of the estate. Probate is the often-dreaded process where an estate trustee receives a Certificate of Appointment of Estate Trustee, which confirms their authority to administer the estate.
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October 31, 2024
AI’s (in)ability to reason and what it means for lawyers
One of the most difficult aspects of my role at Fasken is telling lawyers that their great idea for the use of artificial intelligence (AI) in their practice is not possible today and may not be possible for some time to come. (Note: Although not all AI is generative AI, for the purpose of this article, they’ll be used largely interchangeably as they often are in day-to-day life.)