Wills, Trusts & Estates
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March 25, 2026
Ottawa & provinces roll out disparate views on the ‘notwithstanding’ clause at Supreme Court
Before the Supreme Court of Canada reserved its impending historic decision on March 26, the top court heard starkly different interpretations this week about the nature and operation of the Charter’s s. 33 “notwithstanding” clause.
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March 26, 2026
Ottawa introduces bill targeting foreign interference, deepfakes and long ballots
The Liberal government has introduced legislation aimed at protecting federal elections from foreign interference, cracking down on “long ballot” protest tactics and curbing election-related misinformation, according to a March 26 release.
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March 26, 2026
Estate law: Capital gains exemption and qualified small business corporation shares
Canadian taxpayers are currently afforded a cumulative lifetime exemption on capital gains realized from the sale of qualified small business corporation shares and on a qualified farm property or a qualified fishing property. A deduction on capital gains realized from any such sale(s) is permitted, up to the exemption amount, which as of June 25, 2024, was increased from $1,016,836 to $1,250,000, indexed for inflation. The new amount applies to sale(s) that take place after that date.
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March 25, 2026
N.B. to increase public trustee’s ability to administer small estates
New Brunswick has introduced legislation that would widen the scope of its public trustee’s ability to deal with smaller estates.
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March 24, 2026
SCC judges probe what Charter s. 33 ‘override’ may mean for survival of Charter judicial review
The argument that a legislature’s use of the Charter’s s. 33 “override” clause can temporarily prevent judges from striking down a law but not from reviewing the law’s constitutionality or stating that the law infringes Charter rights and freedoms sparked a lively exchange between counsel and the bench as the Supreme Court of Canada kicked off its inquiry into the constitutionality of Quebec’s controversial “secularism” (Bill 21) law.
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March 23, 2026
Alysa O’Keefe joins Aird & Berlis
Alysa O’Keefe is a new associate at Aird & Berlis LLP.
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March 23, 2026
Seismic Bill 21 case draws record counsel & intervener presence at this week’s four-day SCC hearing
This week’s blockbuster Bill 21 appeal at the Supreme Court involves 140 counsel of record — with 64 of them slated to make oral argument over four days on behalf of the 10 main party groups and the record 51 interveners.
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March 18, 2026
The mask of professionalism: Stress of maintaining the ‘good lawyer’ image
In the first part of this two-part series (see link below), I wrote that in addition to actual legal work, most lawyers are also expected to act, speak and dress in certain ways. This added layer of effort can feel like a performance. It requires constantly monitoring yourself to maintain the image of a “good lawyer,” and it is exhausting. Here, I turn to what can be done to reduce the stress associated with all this extra labour.
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March 18, 2026
Distinct, complementary roles of section 3 counsel and litigation guardians in Ontario capacity proceedings
When a party is incapable of instructing counsel, or their capacity is in question in a proceeding, two distinct safeguards exist under Ontario law to protect that party’s interests.
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March 11, 2026
The billable hour is running out of time
Early in my career, I noticed a pattern I could not ignore. I would build rapport with clients, earn their trust and then watch everything fall apart the moment the invoice was sent. They were not upset with me personally, even though sometimes it felt that way. They were blindsided by a system that charged them in a way they found unfair. Even worse, I would get penalized if I found strategies to be fast and efficient to make it more fair.