Wills, Trusts & Estates
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November 15, 2023
TRUSTS - The trustee - Breach of trust - Duty not to profit
Action by plaintiff for damages against defendants for loss of annuity benefits. The plaintiff suffered significant injuries at birth. His parents sued the attending doctors and the hospital for malpractice. A settlement fund was approved by a Melvin Order with monthly annuity payments up until age 30, and lump sum payments at ages 19, 25, and 30 (Annuity funds) all payable to the plaintiff’s mother with the defendant as trustee.
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November 13, 2023
Federal Foreign Interference Commission opens for standing applications; names lead counsel, staff
The Public Inquiry into Foreign Interference in Federal Electoral Processes and Democratic Institutions has invited applications for standing by Nov. 22 from individuals and groups who can demonstrate a “direct and substantial interest” in the subject-matter of the inquiry.
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November 13, 2023
Canada and others aim to implement OECD’s ‘crypto-asset reporting framework’ by 2027
In an effort to stymie the use of crypto-assets to evade taxes in their jurisdictions, Canada and dozens of other countries have signed a formal statement announcing they “intend to work towards swiftly transposing” the international “Crypto-Asset Reporting Framework” (CARF) into their domestic laws and activate automatic information-exchange agreements by 2027.
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November 09, 2023
SCC upholds pub ban in wrongful conviction case to protect ‘dignity,’ privacy of witness’s spouse
The Supreme Court of Canada has reaffirmed that harm to a person’s “dignity” — in this case to the dignity of a family member of a deceased witness in a criminal proceeding — can justify imposing a publication ban on material put before a court.
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November 07, 2023
New SCC Justice Moreau ‘very intelligent, incredibly hard working, fair,’ lawyers say
Criminal and civil litigators in Alberta say Justice Mary Moreau, former leader of their busy superior trial court and newly appointed to a Western seat on the Supreme Court of Canada, established a “stellar” track record as a lawyer, judge and chief justice in her home province.
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November 06, 2023
Feds promote two judges to Ontario Court of Appeal
The Department of Justice (DOJ) on Nov. 6 announced the appointment of two judges to the Court of Appeal for Ontario:
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November 06, 2023
Bankruptcies, AI’s use in insolvency process on rise, says Davies report
The first half of 2023 featured the highest number of business bankruptcies in Canada since 2019, with the country’s retail trade sector particularly hard hit by “uncertain global and Canadian financial conditions,” according to a report recently released by the financial restructuring and insolvency group at law firm, Davies Ward Phillips & Vineberg LLP.
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November 03, 2023
New appointment at Aird & Berlis
Justin Song has joined Aird & Berlis as an associate.
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November 03, 2023
Moreau CJ was on ‘short list’ of only 2 bilingual SCC candidates, despite feds mandating 3-5 names
The “short list” of candidates the independent advisory board on Supreme Court appointments handed the government last month had only two names on it as the advisory board did not identify enough “qualified and functionally bilingual” candidates to discharge the Liberal government’s mandate obliging the board to provide Prime Minister Justin Trudeau with “at least three to five names” of candidates to fill the Western/Northern vacancy for which Alberta Court of King’s Bench Chief Justice Mary Moreau was picked.
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November 02, 2023
Ottawa says annual growth plan for immigration to ‘plateau’ in 2026 at 500,000 permanent residents
The federal Liberal government says it is sticking to its ambitious immigration targets for the next three years, unveiling plans to welcome 485,000 new permanent residents to Canada in 2024, 500,000 in 2025, and then “plateau” at 500,000 permanent residents in 2026.