Wills, Trusts & Estates

  • June 04, 2026

    Mackenzie Do joins Clark Wilson as associate

    Clark Wilson has added Mackenzie Do as an associate in its family law and estates and trusts groups in Vancouver.

  • June 04, 2026

    Ross v. Luypaert: Applying the essentials of the Ontario Partition Act

    Ross v. Luypaert is another interesting case from the Court of Appeal in Ontario. In this case, the two daughters of John Douglas Ross and Regine Ross, Yonna and Lorraine, are the litigation guardians of their incapable parents. The parents owned a property (Property A) jointly with their son, Rene Luypaert. Regine Ross solely owned another property (Property B), which was occupied by their son.

  • June 03, 2026

    Appeal Court alters judgment on company liquidation, favours share buyout

    The British Columbia Court of Appeal has upheld the finding that shareholders were not subject to oppression in a company’s affairs, but found that an alternative remedy to the liquidation ordered by the lower court was available.

  • June 02, 2026

    Disclaiming an inheritance: Guide from an estate lawyer

    In Ontario, a beneficiary under a will or an intestacy cannot be compelled to accept an inheritance or a gift. A beneficiary has the option of choosing whether to accept an inheritance, or alternatively, whether to not accept, or in legalese, to “disclaim” an inheritance.

  • May 29, 2026

    The appropriate framework for trust disclosure: Validity of proprietary rights theory

    When it comes to trust documents, an issue the courts have grappled with multiple times over the years is whether the beneficiaries of a trust are entitled to disclosure outside the context of adversarial litigation. Although trust beneficiaries are entitled to an accounting regarding the administration of trust property, there is no firmly established right to the disclosure of trust documents beyond an accounting.

  • May 22, 2026

    Feds invest $816M in Canadian Coast Guard to fund new Arctic security mandate

    In an effort to strengthen maritime security, the federal government has announced a “foundational investment of $816 million over seven years” to expand the Canadian Coast Guard’s role in monitoring Canada’s waters.

  • May 19, 2026

    Carney announces members of Independent Advisory Board to help select next SCC judge

    On May 19, Prime Minister Mark Carney announced the chair and members of the Independent Advisory Board for the Supreme Court of Canada Judicial Appointments.

  • May 19, 2026

    Nova Scotia’s top court releases 2025 annual report

    The release of the Nova Scotia Court of Appeal’s latest annual report sets the stage for an increase in webcasts and a push to educate people on the importance of judicial independence, says the province’s top judge.

  • May 13, 2026

    Using a letter of wishes for personal effects in your estate plan

    A well-crafted estate plan addresses more than just your major assets, like real estate, corporate interests and investment accounts. It can also encompass personal effects with both sentimental and financial value. Often, these items carry deep emotional significance and can also be the focal point of disagreement among loved ones, regardless of their monetary value. One practical tool to guide the distribution of these items and potentially avoid these disagreements is a letter of wishes.

  • May 08, 2026

    SCC sheds new light on cause-of-action estoppel; clarifies requirements & application

    The Supreme Court of Canada has explained the contours and application of the cause-of-action estoppel branch of the common law doctrine of res judicata, dividing 6-3 in a Newfoundland and Labrador power-of-sale case to hold that the appellant mortgagee’s $4-million claim under a collateral mortgage is res judicata as it had already been determined in an earlier court proceeding.