Wills, Trusts & Estates

  • June 27, 2025

    SCC clarifies appeal right from removal orders in immigration judicial review case

    In an immigration and statutory interpretation decision that sheds light on administrative law and how to analyze reasonableness in judicial review cases, the Supreme Court of Canada has ruled that foreign nationals may appeal removal orders to the Immigration and Refugee Board’s Immigration Appeal Division (IAD) if their visas were current on arrival in Canada, even if their visas expire after their arrival here.

  • June 27, 2025

    B.C. Court of Appeal increases damages award to parents who lost son, citing potential contributions

    The B.C. Court of Appeal has increased damages awarded to parents who lost their 17-year-old son in a car accident to include compensation for the unpaid work their son was likely to undertake during his university years.

  • June 27, 2025

    CSA proposes ban on chargebacks in investment fund sales

    The Canadian Securities Administrators (CSA) is proposing to ban chargebacks, a practice that allows investment funds, including mutual funds, to require dealers to repay upfront commissions if clients redeem their securities before a set period.

  • June 26, 2025

    Interpreting class gifts: Impact of will drafting on vesting

    Class gifts can be a very effective tool for will-drafters, given the unique advantages that these gifts possess. Ideally suited to giving assets to multiple beneficiaries, one of the perks of class gifts is that they will not lapse if a member of the beneficiary class predeceases the testator. Rather, the gift will simply be distributed among the remaining class members.

  • June 26, 2025

    FedCt unveils new practice guidelines; cuts oral, written argument in visa, work & study permit JRs

    The Federal Court this week “paused” its study permit pilot project and announced that, for judicial reviews of denials of temporary resident visas, study permits and work permits, the default maximum time for hearings will be reduced to 45 minutes and the default maximum written submissions will be limited to 20 pages, starting Sept. 2.

  • June 25, 2025

    Deaths from illegal drug supply fell 17% in 2024; thousands who died were men, many in their 30s

    There were more than 7,000 opioid-related drug toxicity deaths in Canada last year — 20 people per day — an overdose crisis primarily driven by a toxic illegal drug supply, according to the latest data reported by the Council of Chief Medical Officers of Health and the Chief Coroners and Chief Medical Examiners.

  • June 25, 2025

    Substantial estate law compliance in Ontario: The sequel

    I once wrote about Ontario’s topical “validating” provision — s. 21.1 of the Succession Law Reform Act (SLRA) — and whether it might risk “emboldening those seeking self-help remedies.” That was in November 2023. More than a year later, the case law has continued to evolve on this provision, and I feel there is wisdom in revisiting it.

  • June 24, 2025

    Have your voice heard: Take Law360 Canada’s 2025 survey on lawyer satisfaction

    Law360 Canada is seeking participants for an anonymous survey on career and life satisfaction in the legal profession. Take the survey in English or French.

  • June 20, 2025

    OBA awards gala celebrates service to the legal profession and community at large

    Toronto lawyer Angela Ogang had a good excuse not to attend the Ontario Bar Association’s annual awards gala June 19: She’d given birth to her baby the night before.

  • June 20, 2025

    Estate planning’s silent threat: The unpapered file

    On June 5, 2025, I spoke as a panellist at the Ontario Bar Association’s webcast, “From Retainer to Reporting Letter: Avoiding Professional Liability and Negligence Claims in Estates Law.” The program included a case law update, a presentation by LAWPRO on the most common claims against lawyers in the area of wills and estates, and a lively discussion among the panellists about common pitfalls faced by lawyers practising in this area.