Wills, Trusts & Estates
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February 23, 2024
Ottawa files its appeal of Federal Court’s ruling that gov’t illegally invoked emergency powers
Citing multiple grounds of appeal, Ottawa has asked the Federal Court of Appeal to overturn last month’s Federal Court judgment that the federal Liberal government acted unreasonably and illegally two years ago when it declared a public order emergency and purported to arrogate to itself under the federal Emergencies Act extraordinary powers to end truckers' disruption of the capital and ports of entry in protest of government-mandated pandemic measures.
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February 23, 2024
Two new associate chief judges for Nova Scotia
Judge Ronda van der Hoek and Judge D. Shane Russell have been named associate chief judges, who can, in addition to hearing matters in court, assist the chief judge with responsibilities related to the administration of the Nova Scotia Provincial Court.
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February 21, 2024
Canada sanctions Guatemala’s attorney general, justice officials for undermining rule of law
Canada has established a new sanctions regime under the Special Economic Measures Act to address corruption and anti-democratic actions in Guatemala.
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February 20, 2024
Alta.’s Justice Mary Moreau welcomed at celebration of first female-majority Supreme Court of Canada
The milestone appointment of Justice Mary Moreau was celebrated in Ottawa, where the ex-chief justice and former criminal lawyer and constitutional litigator from Alberta was lauded for her “unparalleled work ethic,” “great intelligence” as well as for her “humility” and “compassion.” “For the first time in the history of our country, the majority of judges sitting on the Supreme Court are now women,” federal Justice Minister Arif Virani said
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February 16, 2024
Clark Wilson adds associate
Clark Wilson LLP has announced that Shiona Nickel has been promoted from articled student to associate with the estates and trusts group.
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February 16, 2024
Miller Thomson welcomes lawyer
Miller Thomson LLP has announced that Joan Jung has joined as associate counsel.
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February 15, 2024
Four important 2023 court of appeal estate decisions, and ‘Case of the Year’
Now that we are well and truly into calendar 2024, we have the benefit of hindsight. Here are four important Ontario Court of Appeal decisions on trust and estate matters as well as the 2023 “Case of the Year.”
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February 15, 2024
Tax court considers a novel issue: combination of s. 160, a waiver, and the Interpretation Act
A common issue in the practice of tax law is the derivative liability tax assessment, in this case pursuant to s. 160 of the Income Tax Act, RSC 1985, c 1 (5th Supp). In short, if a taxpayer with a tax debt transfers property to a third party, under certain circumstances, Canada Revenue Agency (CRA) can assess that party to satisfy the debt of the transferor.
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February 14, 2024
Court rules PM, justice minister ‘failed’ litigants & courts with many tardy judicial appointments
A Federal Court judge has refused to order the Trudeau government to fill the present high level of 75 superior court vacancies within specified timeframes; instead the judge recognized a “constitutional convention” that judicial vacancies “must be filled within a reasonable time” and declared his “expectation” that Ottawa will begin to discharge its unfulfilled constitutional duty to fix the country’s “untenable and appalling crisis and critical judicial vacancy situation,” including by reducing the vacancies to the mid-40s “within a reasonable time.”
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February 13, 2024
When you can’t find a suitable power of attorney for personal care
In a past article, we’ve discussed the importance of having a power of attorney for property and a power of attorney for personal care. Without these documents in place, your loved ones will be faced with the long process of applying to court to become a guardian in the event you can no longer make any financial or health care decisions on your own.