Wills, Trusts & Estates
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April 16, 2024
Legal aid funding, auto theft crack down and redistribution of judgeships feature in federal budget
Funding for legal aid to reduce court delays; redistributing “unused” Alberta unified family court posts to other superior courts; and creating new offences and harsher penalties for auto theft are among dozens of justice-related measures proposed in the latest federal budget, which the minority Liberal government says aims to enhance the affordability of shelter, groceries, internet and other necessities for Canadians.
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April 16, 2024
Budget 2024 tax initiatives to play a key role in Ottawa’s effort to boost housing, economy
In a sweeping 2024 budget that targets increased housing, lower living costs, small-business support and greater economic growth, Prime Minister Justin Trudeau’s Liberal government is also taking tax measures to help offset a projected $40 billion deficit for 2023-24 and a rising federal debt estimated to reach $1.37 trillion by 2029.
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April 11, 2024
Ottawa unveils affordability measures to aid ‘first-time’ homebuyers, mortgage-strapped owners
The Trudeau government is proposing measures aimed at assisting “first-time” buyers to save for a home as well as helping cash-strapped owners hang on to their mortgaged homes.
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April 11, 2024
B.C. introduces legislation on legal profession reform; law society, bar association opposed
The B.C. government has unveiled long-promised legislation to bring lawyers, paralegals and notaries under the umbrella of one regulator. But the provincial law society and bar association have both come out swinging against the proposals, saying they would erode the independence of the legal profession.
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April 09, 2024
Federal Court approves estimated $817M settlement in veterans’ disability benefits class action
The Federal Court has approved a settlement agreement of up to $817 million regarding a class action concerning the underpayment of certain disability benefits administered by Veterans Affairs Canada (VAC).
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April 05, 2024
Benefits of a separate situs will or power of attorney
Many of our readers, especially business owners, may be familiar with the concept of having multiple wills in the same jurisdiction, where each will governs different classes of assets — usually used to avoid paying estate administration tax (a.k.a. probate fees) on assets that do not require probate.
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April 04, 2024
Federal Court and Federal Court of Appeal float ideas for reforming their rules, seek bar’s input
The Federal Court and Federal Court of Appeal are working on updating their rules and seeking the bar’s views on dozens of reform ideas, such as modifying the test for certifying national class actions; green-lighting non-lawyers to represent litigants if “the interests of justice so require”; and boosting the $100,000 cap on claims for matters that proceed as simplified actions.
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April 02, 2024
CRA cancels 2023 reporting requirement for bare trusts, citing ‘unintended impact’
The Canada Revenue Agency (CRA) has backtracked on a decision requiring so-called bare trusts to file a T3 return for the 2023 tax year. In a March 28 advisory, the CRA noted that the new reporting requirements for trusts had had an “unintended impact on Canadians.” Consequently, it added, the CRA “will not require bare trusts to file a T3 Income Tax and Information Return (T3 return), including Schedule 15 (Beneficial Ownership Information of a Trust) for the 2023 tax year, unless the CRA makes a direct request for these filings.”
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March 28, 2024
Supreme Court of Canada rules Charter applies to First Nation government and its citizens
The Supreme Court of Canada has ruled 6-1 that the Charter applies to a First Nation government and its citizens in Yukon, as well as ruling 4-3 that the Charter’s s. 25 shields from a community member’s s. 15 equality rights challenge the self-governing Vuntut Gwitchin’s constitutional requirement that its elected leadership must live on the First Nation's traditional territory.
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March 27, 2024
Facilitating international document verification: Canada ratifies Apostille Convention
Canada’s recent decision to ratify the Apostille Convention marks its significant effort to simplify cross-border and global document verification.