Wills, Trusts & Estates

  • November 21, 2023

    Competition law overhaul, tax changes, money-laundering reforms feature in Ottawa’s economic update

    The minority Liberal government’s fall economic statement signals impending omnibus legislation that will propose, among other measures: enacting a long-awaited major overhaul of Canada’s competition laws; creating a Criminal Code offence aimed at “third-party” money launderers; and boosting search, seizure and restraint powers, including for crypto-assets.

  • November 21, 2023

    Law360 Canada Pulse survey: what lawyers really think about their profession

    Find out what lawyers really think about their profession in Law360 Canada Pulse’s Lawyer Satisfaction Survey. Click here to read the full report. For more in this series see here and here.

  • November 21, 2023

    Law360 Canada Pulse survey shows work stress remains high for Canadian lawyers

    As the legal profession goes through transformative change thanks to things like remote work, one thing is a constant that is likely not going away anytime soon — stress. According to the 2023 Lawyer Satisfaction Survey — which marks Law360 Canada’s first deep dive into the feelings and thoughts that legal professionals have about their jobs — 85 per cent of respondents reported feeling stress at least sometimes, with 33 per cent of the respondents feeling stressed most or all of the time.

  • November 20, 2023

    Committeeship in B.C.: The plan for when there is no plan

    What happens when adults do not have the requisite capacity to make financial, legal, personal safety, personal care or health-care decisions for themselves? This question can arise in a variety of difficult situations, such as when a parent has advancing dementia, when a child with disabilities reaches the age of majority, or when an accident causes an adult to suffer from temporary or permanent cognitive deficiencies.

  • November 20, 2023

    Torkin Manes adds partner, two associates

    Torkin Manes announced the expansion of its private client services (PCS) group with the recent addition of incoming partner Rachel Goldman Robinson and associate Jennifer Lewis. In other news, the firm welcomed Tamara Markovic as an associate in its litigation and dispute resolution group.

  • November 16, 2023

    Could, or should, court save a deficient will?

    Effective Jan. 1, 2022, the Succession Law Reform Act (SLRA) was amended to include s. 21.1, permitting court-ordered validity of an otherwise deficient will. The language of ss. 21.1(1) reads as follows:

  • November 15, 2023

    Two new partners for Cassels’ Toronto team

    Cassels announced that Brian Temins and Samantha Prasad have joined the firm as partners in its Toronto office. Temins joins the business law group while Prasad joins the tax law team.

  • 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.

  • 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.

  • 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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