Wills, Trusts & Estates
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April 30, 2024
Ottawa unveils first 2024 budget bill, but doesn’t include boost to capital gains inclusion rate
The minority Liberal government says it hopes to expedite into law a newly proposed 660-page omnibus budget bill, which would enact many measures announced in this month’s federal budget, but not the government’s controversial proposal to tax capital gains at a higher rate.
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April 30, 2024
Determining separation in context of s. 43.1, Succession Law Reform Act
On Jan. 1, 2022, section 43.1 of the Succession Law Reform Act (SLRA) came into force, which revoked separated spouses’ intestate inheritance rights to their deceased spouse’s estate. In summary, under s. 43.1, a spouse who is separated from a decedent at the time of the decedent’s death can no longer claim a preferential share in their estate in the event of an intestacy.
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April 29, 2024
WILLS — Undue influence, fraud and mistake — Source of influence — Family member
Appeal by Olsen from order directing formal proof of will of their deceased mother. The parties, McKay and Olsen, were siblings who were litigating the validity of the will of their late mother. The deceased prepared a will in 2012, dividing her estate equally between the two siblings.
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April 26, 2024
The legal controversies of MAiD, part two
As we discussed in the first article in this two-part series, the legal complexities surrounding Medical Assistance in Dying (MAiD) have been brought to the forefront in the case of W.V. v M.V., 2024 ABKB 174, opined by Justice Colin C.J. Feasby. This article continues the discussion.
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April 25, 2024
Canada imposes more sanctions on Iran after Iran’s missile and drone attacks on Israel this month
Canada has imposed dealings bans and entry prohibitions against Iran and two senior Iranian military members under the Special Economic Measures (Iran) Regulations, following Iran’s recent missile and drone attacks on Israel.
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April 25, 2024
The legal controversies of MAiD, part one
In a groundbreaking decision by the Court of King’s Bench of Alberta, the legal complexities surrounding Medical Assistance in Dying (MAiD) have been brought to the forefront in the case of W.V. v. M.V., 2024 ABKB 174, opined by Justice Colin C.J. Feasby.
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April 23, 2024
Quebec bill grants protections and establishes new obligations to de facto unions
A new proposed Quebec legal framework for common-law couples who become parents after June 2025 will be entrusted with new rights and obligations and benefit from some protections granted to married couples, a development viewed by family law experts as a step in the right direction.
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April 22, 2024
SCC’s spring session features weighty constitutional & admin law appeals but case volume is light
Constitutional and administrative law cases dominate at the Supreme Court of Canada this spring, with the handful of appeals to be heard involving class actions, standard of review, the honour of the Crown and the right to vote.
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April 22, 2024
Alabama IVF ruling: Bad facts make bad law | Abby Hafer
On Feb. 16 of this year, the Alabama Supreme Court ruled that embryos that are created by in vitro fertilization (IVF) are to be considered children. Since Canadian conservatives have a bad habit of sounding like their southern counterparts, this should worry Canadians.
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April 19, 2024
TRUSTS — Resulting trusts — Creation — When presumption operates — Intention
Appeal by Luigi from conclusion of application judge that he intended to gift Paula, his former daughter-in-law, her interest in the property located at 415 Lisgar Street (415 property).