Wills, Trusts & Estates
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June 07, 2024
Collaborative approaches in estate litigation: The rise of ADR
The legal field has increasingly favoured Alternative Dispute Resolution (ADR) methods in estate litigation, highlighting a shift towards collaborative processes to resolve conflicts. ADR methods include mediation, judicial dispute resolution, arbitration and hybrid approaches like Med-Arb, which blend mediation and arbitration. The increasing use of ADR in various legal contexts highlights its adaptability and effectiveness, proving its relevance beyond commercial disputes to the intricate field of estate litigation.
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June 05, 2024
Multiple executors and trustees: pros and cons
First, an explanation of some estate law nomenclature. An executor is the person appointed to carry out the provisions in a will, including distribution of the estate. A trustee is the person appointed in a will (in the case of testamentary trusts) or other trust document (i.e., an inter vivos trust) to administer a trust for the benefit of other persons.
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June 04, 2024
Canada to provide automatic permanent residence to foreign nationals arriving under caregiver programs
Ottawa says it will roll out two new pilot programs later this month that will offer home-care workers from abroad permanent residence on their arrival in Canada.
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June 03, 2024
SCC’s Wagner urges vigilance, strong defence against false information, justice system attacks
Canada’s top judge says elected officials should not attack the justice system or the judiciary, based on false information that could shake public confidence.
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May 31, 2024
SCC gives guidance on interpreting exclusion clauses, applying standards of appellate review
The Supreme Court of Canada has clarified what is required for an exclusion clause in a contract of sale to exempt the seller from an implied condition under Ontario’s Sale of Goods Act (SGA) and has also clarified what standards of appellate review apply when trial courts interpret contracts involving implied statutory conditions.
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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).