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Wills, Trusts & Estates
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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.)
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October 30, 2024
The Ontario Land Tribunal: A gradual erosion of access to justice | Brian Cook
Once upon a time in Ontario, there was a robust tribunal system dedicated to environmental and planning issues. While by no means perfect, the system featured adjudicators who had subject matter and dispute resolution expertise. It was possible for citizens and community groups to appeal local land use decisions to what is now the Ontario Land Tribunal and participate in hearings by presenting oral testimony and making submissions.
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October 29, 2024
Canada sanctions weapons & aid suppliers to Myanmar military after hundreds of civilians bombed
In coordination with the EU and the U.K., Canada has imposed sanctions under the Special Economic Measures (Burma) Regulations against three individuals and four entities for supplying weapons and military equipment to Myanmar’s military.
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October 29, 2024
When a holding company makes sense in estate law
The preparation of a will to direct and manage the transfer of assets between a person and their beneficiaries is often the primary focus in the estate planning process. What is not always considered by many is the role proper estate planning plays in the preservation of wealth and the minimization of taxes on the transfer of those assets.