Wills, Trusts & Estates
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November 21, 2025
New Brunswick Court of Appeal confirms modern approach to the ‘armchair rule’
In Canada, there is somewhat of a divide when it comes to the armchair rule. When interpreting a will in some provinces, including Ontario and Manitoba, it is now the norm for courts to apply the armchair rule at the outset, even if a will is not patently ambiguous, and consider surrounding circumstances that existed when the will was made. Interpreting a will this way is often referred to as the modern approach to the armchair rule.
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November 21, 2025
Federal Budget 2025: Impact on charities and not-for-profits
On Nov. 4, the federal government tabled the federal budget (Budget 2025), which includes several legislative proposals relevant to charities and not-for-profits (NFPs). Many of these proposals were contained in government releases throughout August 2024, December 2024, January 2025 and August 2025, though Budget 2025 did not explain any specifics of those proposals.
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November 19, 2025
Liberal government unveils first budget bill, says criminal justice bill to come before Christmas
The Carney government’s 2025 legislative to-do list got longer with the rollout of its first budget implementation omnibus bill, which proposes dozens of tax and other statutory measures.
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November 19, 2025
Revocation of beneficiary designation: Avoiding miscalculations
There are times in estate law when the courts have to step in because beneficiary designations for registered plans aren’t drafted or updated properly. My July 18 article touched on a few such cases. Case law suggests that revoking one’s beneficiary designations may also require court intervention if not properly considered by the drafting lawyer.
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November 19, 2025
Cozen O’Connor adds estate counsel Alexander J. Swabuk
Cozen O’Connor LLP has welcomed Alexander J. Swabuk as estate and trust counsel in its Vancouver office.
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November 18, 2025
Proposed reforms of civil procedure: Refreshing reboot or more of the same?
I was an articling student and had my work cut out for me. I worked on a client file to prove adverse possession for a right of way across a house that had existed since the 50s but was being enforced by a neighbour. I brought all the files I had researched myself — surveys of the land, blueprints rolled up, ancient texts, photos I took of the property, transcripts of examinations.
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November 17, 2025
Sheri L. Woods joins Court of King’s Bench in Saskatchewan
Sheri L. Woods has been appointed a judge of the Court of King’s Bench for Saskatchewan in Prince Albert.
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November 14, 2025
The problem with ‘fairness’ in family business succession
“Being good is easy — What is difficult is being just.” ~ Victor Hugo
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November 13, 2025
The graduated rate estate: Using it, keeping it
The acronym “GRE” is well-known to trust and estate lawyers. However, while its descriptive meaning, graduated rate estate, may be well-known, its impact is perhaps less so.
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November 13, 2025
From isolation to injunction: Navigating the legal landscape of elder abuse in Ontario
Elder abuse is a critical and underreported public health crisis, significantly exacerbated by factors like social isolation, particularly during the COVID-19 pandemic.