Wills, Trusts & Estates
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February 28, 2025
Attorney for property: Making gifts on behalf of a grantor
Powers of attorney for property are crucial tools for individuals who may become incapable of managing their property and financial affairs. In Ontario, as in other jurisdictions, a power of attorney for property grants the power for one or more people (the “attorney(s)”) to act on behalf of the person granting the power (the “grantor”).
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February 27, 2025
IRCC unveils Express Entry category draws for economic immigration, plans more in-Canada draws
Immigration Minister Marc Miller has announced the 2025 Express Entry categories, which include a new education category, with the aim of better aligning the selection of federal economic immigrants with Canada’s long-term labour shortages.
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February 26, 2025
SCC halts use of its ‘X’ account ‘for now,’ citing ‘strategic priorities and resource allocation’
In a move that has sparked controversy in Canada and beyond, the Supreme Court of Canada tells Law360 Canada that “for now” it will no longer use its official account on X, the social media platform owned by Elon Musk, a high-profile billionaire associate of U.S. President Donald Trump.
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February 26, 2025
Balancing testator autonomy and dependent rights in B.C. estate law
In British Columbia, the Wills, Estates and Succession Act addresses a broad range of issues critical to estate planning, administration, and beneficiary rights. One significant concern in the Act is the balancing the rights of a testator to dispose of their estate as they see fit with the rights of dependent spouses and children to a fair portion of their loved one’s estate. Achieving that balance requires consideration of numerous factors, including a testator’s capacity to make a valid will, any suspicious circumstances surrounding its creation, and a legal dependent’s right to financial support.
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February 26, 2025
Women & 2SLGBTQI+ applicants came out ahead as ‘highly recommended’ for federal benches in 2023-2024
Asserting his new administration is “ending illegal discrimination and restoring merit-based opportunity,” U.S. President Donald Trump recently issued controversial executive orders banning diversity, equity and inclusion policies and hiring at the federal level in America. But in Canada, the most recent demographic statistics on federal judicial appointments and the professional competence and character assessments made by the Trudeau government’s non-partisan judicial advisory committees (JACs) indicate that diversity has gone hand in hand with “merit.”
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February 24, 2025
Get it in writing: Documenting a gifted right of survivorship
With the Supreme Court’s decision in Pecore v. Pecore, 2007 SCC 17 (Pecore), it became clear that joint tenants can have different types of beneficial interests in property. Not only is it possible to hold a full beneficial interest in the property, but a joint tenant may also hold only a right of survivorship, in which case all beneficial interest in the property is held in trust for the other joint tenant until that other tenant passes away.
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February 21, 2025
Canada opens door to more people impacted by Sudan’s civil conflict
Canada will resettle more refugees affected by the internal conflict in Sudan over the next two years and increase the spaces available under the family-based permanent residence pathway, the minority Liberal government says.
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February 21, 2025
Nova Scotia set to change laws for powers of attorney, substitute decision-makers
Nova Scotia has introduced a set of legislative amendments to clarify the role of a power of attorney, further safeguard the process of becoming a substitute decision-maker and modernize language on the state of the province’s unified family court.
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February 21, 2025
Seven criminal organizations listed as ‘terrorist entities’ subject to dealings, immigration bans
Canada has listed seven “transnational criminal organizations,” including street gangs and several major Mexican cartels that traffic in fentanyl, as “terrorist entities” under the Criminal Code — triggering immigration and dealings bans in Canada as well as expanding the tools law enforcement authorities have to trace and seize proceeds of crime, the federal government says.
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February 21, 2025
T-crossing, i-dotting: Prevent tax missteps via Evans et al. v. The Attorney General of Canada
In Evans et al. v. The Attorney General of Canada, 2024 ONSC 1955, the Ontario Superior Court addressed an application for the rectification of a resolution made by the trustee of the Evans Family Trust. The resolution, which was intended to allocate $375,000 of taxable capital gains to the beneficiaries, failed to clearly specify the allocation of these capital gains, resulting in unintended tax consequences.