Wills, Trusts & Estates
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May 31, 2024
Enforcing support obligations in separation agreements and court orders against an estate
Do spousal and child obligations for support survive death? How does someone who has obtained an order for support from an ex-spouse or an estate enforce that order? Does it make a difference if the support order is obtained under the Divorce Act, R.S.C., 1985, c. 3 (2nd Supp.) or the Family Law Act, R.S.O. 1990, c. F.3 (FLA)?
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May 30, 2024
RRSPs: Their consequences for estates, beneficiaries
A landmark budget speech was delivered to Canada’s House of Commons on March 14, 1957, by Walter Harris, minister of Finance under the Liberal government of Louis St. Laurent. Despite John Diefenbaker’s rise to power on June 10, 1957, mere months later, the groundwork was laid for the implementation of the registered retirement savings plan (RRSP) in Canada.
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May 29, 2024
Multiple powers of attorney for business owners
Estate planning discussions are often centred around a person’s will. While it is essential to consider what will happen to your business assets upon your death, it can be equally important to plan for a situation in which you are alive but incapable of managing your affairs. The sudden absence of a business owner without proper planning can have a significant impact on the continued success of the business. A power of attorney is a vital aspect of this planning.
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May 27, 2024
How a defamation claim survived an anti-SLAPP motion
Media organizations faced with a defamation action may seek to dismiss a claim by bringing a motion under Ontario’s anti-SLAPP legislation in s. 137.1 of the Courts of Justice Act (CJA). While such motions are generally brought at an early stage of the action and are supposed to be heard no later than 60 days after the notice of motion is filed, they may involve an adjudication of the merits of the claim and the validity of all the defences that would be addressed at trial, as demonstrated by the Ontario Superior Court of Justice’s decision in Kielburger v. Canadaland Inc., 2024 ONSC 2622.
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May 24, 2024
Federal Court of Appeal upholds CRA decision to revoke fraternity’s charitable status
In its decision released on March 21, 2024, Sigma Chi Canadian Foundation v. Canada (Minister of National Revenue - M.N.R.), 2024 FCA 59, the Federal Court of Appeal (FCA) upheld the Minister of National Revenue’s (the minister) decision to revoke the charitable status of a fraternal organization, Sigma Chi Canadian Foundation, (the appellant).
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May 23, 2024
Ottawa proposes Citizenship Act reforms that create new framework for ‘citizenship by descent’
Ottawa has proposed an overhaul of the federal Citizenship Act, which the minority Liberal government says includes a new framework for “citizenship by descent,” going forward, that would allow persons born abroad to Canadians beyond the first generation to access Canadian citizenship based on a “substantial connection” to Canada.
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May 22, 2024
New sanctions aimed at Russia–N. Korea arms trade for weapons used in illegal war on Ukraine
Two Russians and six Russian entities are targeted by the latest sanctions Canada has imposed in response to the Putin regime’s illegal war of aggression against Ukraine.
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May 21, 2024
How changes to capital gains could impact stock option compensation
There’s been a lot of discussion around the upcoming increase in the capital gains inclusion rate, announced in the federal budget. What we haven’t heard as much about, however, is the effect these changes could have on the taxation of stock options (optional: from both an employee and employer perspective).
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May 17, 2024
Work-life balance for the modern lawyer | Jacob Murad
There are many self-help articles and books for every profession to assist with work-life balance, a trait that has never been more essential to service professionals like lawyers. In today’s smartphone society emails are treated more like instant messages, requiring immediate responses than the letters of old. In addition, the computer is always on your person, whether driving, at home or at work; while this allows for remote capabilities, it becomes much harder to “switch off.”
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May 16, 2024
Canada sanctions ‘extremist Israeli settlers’ for violence against Palestinians in the West Bank
Ottawa has for the first time sanctioned “extremist Israeli settlers” with dealings and entry bans for “the grave breach of international peace and security posed by their violent and destabilizing actions against Palestinian civilians and their property in the West Bank.”