Wills, Trusts & Estates

  • January 16, 2026

    SCC’s packed winter session features momentous appeal on Charter s. 33 override provision

    The Supreme Court of Canada began hearings in its very busy winter session this week, which features a potentially watershed constitutional appeal and the surprise announcement that Justice Sheilah Martin, the court’s senior western judge, will retire next spring.

  • January 16, 2026

    Ontario Civil Rules Review report calls for binding judicial dispute resolution

    In my last article for Law360 Canada, I provided an overview of the Ontario Civil Rules Review (CRR), its Working Group and the Working Group’s final policy report (the Report), which called for, among other things, two reforms to the pre-trial process. That article explored the following reforms:

  • January 15, 2026

    The case for in-person appearances, part two

    I have taught professionalism for years, starting at the old Bar Admission course, at two law schools and on an ad hoc basis to articling students and juniors. I tell all of them same thing on the first day: everything you need to know about professional responsibility can be summed up in two sentences.

  • January 14, 2026

    Federal Court approves $100,000 settlements for children of woman killed in boating accident

    The Federal Court has approved a settlement under which two minors whose mother died in a boating collision will each receive about $100,000 in damages, resolving claims against the owners and operators of the vessels for loss of guidance, care and companionship, and loss of dependency and services.

  • January 13, 2026

    Supreme Court of Canada Justice Sheilah Martin to retire in May after eight years at top court

    Supreme Court of Canada Justice Sheilah Martin, a former University of Calgary law dean and one of the apex court’s criminal and constitutional law experts, will retire May 30, 2026, after working at the high court for more than eight years.

  • January 13, 2026

    Top 3 practical details for your will and supporting documents

    Hopefully you have started the year in style by signing your will. You’ve chosen a trusted executor, protected your hard-earned assets for your children and provided for the people you care about most.

  • January 09, 2026

    Thousands of tax dollars spent to determine if deceased’s estate owed over $18K

    The Government of Canada offered various forms of financial support for individuals and businesses during the COVID-19 pandemic. For individuals, the most common were the Canada Emergency Recovery Benefit (CERB) and the Canada Recovery Benefit (CRB). CERB was implemented near the beginning of the pandemic, while CRB was initiated later as a longer-term form of support.

  • January 09, 2026

    PM Carney’s appointment of Judge Hogue as Deputy AG of Canada sparks questions within legal community

    Quebec Court of Appeal Justice Marie-Josée Hogue is retiring Feb. 1, 2026, from her full-time job on the federal bench — one day before starting work on Feb. 2 as deputy minister of justice and deputy attorney general of Canada, Law360 Canada has learned.

  • January 08, 2026

    Clark Wilson names 3 new partners

    Clark Wilson lawyers Dan W. Melnick, David Bowden and Sunny Chiu have joined the firm’s partnership, effective Jan. 1, 2026.

  • January 08, 2026

    U.S. estate tax reform: What it means for Canadians

    Around this time last year, we wrote an article speculating on what to expect for U.S. estate tax under a second Trump administration. With the decrease to about half the current amount of the lifetime exclusion amount set to occur early this year unless new legislation was passed, it looked like 2025 would need to be a major year for U.S. estate tax reform.

  • January 06, 2026

    Parlee McLaws names Guy Valle partner

    Parlee McLaws LLP has announced that Guy Valle has joined the firm’s partnership, effective Jan. 1, 2026.

  • January 06, 2026

    Ontario Civil Rules Review working group calls for expansion of mandatory mediation

    The Civil Rules Review (CRR) was launched in 2024 as a joint initiative of the chief justice of the Ontario Superior Court of Justice and the province’s Attorney General. The CRR’s mandate was to propose wholesale reforms to the Rules of Civil Procedure (the Rules), which were last overhauled in 1985, so that the civil justice system is more accessible and to reduce costs and delays.

  • December 24, 2025

    Law360 Canada is taking a publishing break and will be back Jan. 2

    Law360 Canada will be on a publishing hiatus from Dec. 25, 2025, to Jan. 2, 2026. We wish you a happy holiday and all the best for the new year.

  • December 23, 2025

    P.E.I. to launch first community legal clinic

    A prominent lawyers’ group in Prince Edward Island is calling the launch of the province’s first community legal clinic “an important advancement in access to justice” — particularly for those facing barriers to certain types of civil justice.

  • December 17, 2025

    WILLS - Formal validity, requirements - Court dispensation from formalities - Revocation

    Appeal by the appellant from a chambers judge’s order declaring that two electronic communications from the deceased were fully effective to alter her will by removing the appellant as a beneficiary. The deceased sent a text and an email to her executrix expressing her intention to redo her will and remove the appellant as a beneficiary.

  • December 16, 2025

    Ottawa sanctions four senior Iranian officials for gross human rights violations in Iran

    Ottawa has imposed sanctions against four Iranian senior officials who the federal government says “have been involved in gross and systematic human rights violations” in the Islamic Republic of Iran where they “have had a significant role in facilitating and directing repressive policies.”

  • December 15, 2025

    Dependent support claims: The overlooked obligation

    In Ontario, estate disputes often erupt where families least expect them. At first glance, wills can appear all in order, assets may be simple, and relationships may seem calm … until someone who depended on the deceased person realizes they have not been adequately provided for. At that point, even the simplest will can be challenged through something called a “dependent support claim,” a process under Part V of the Succession Law Reform Act (SLRA) that is quite important to understand in Ontario.

  • December 12, 2025

    The push and pull between testamentary freedom, familial obligations in dependant relief claims

    One of the hallmarks of Ontario’s estate planning regime is testamentary freedom. It gives individuals, when drafting and executing their wills and estate plans, the ability to distribute their assets in the manner they see fit.

  • December 12, 2025

    Lawyers’ year end 2025 and upcoming legal challenges 2026

    As 2025 comes to an end and everyone attends their holiday parties, let’s prepare for the challenges that will be faced by legal professionals in the upcoming year. Here are a few that come to mind:

  • December 12, 2025

    WILLS - Variation - Contestation of claims - Adequacy of bequests to dependants

    Appeal by Lee Everett Stuart (Lee) from application judge’s decision. Vernon Sanford (Mr. Sanford) passed away. Following his death, two versions of his will were discovered: an unexecuted copy dated 2002, and an executed will, dated May 5, 2006.

  • December 11, 2025

    Stewart McKelvey to admit 3 new partners in 2026

    Stewart McKelvey will welcome three lawyers to the partnership effective Jan. 1, 2026, according to the Atlantic Canada-based firm.

  • December 11, 2025

    Using expert evidence to determine whether a trust is a sham

    When issues arise in litigation that involve specialized knowledge, technical expertise or scientific understanding, it is relatively common for the parties to submit expert evidence to assist the court with making its determinations. Expert evidence may be admissible on a wide range of issues — even specialized legal issues — so long as the evidence is proffered by a properly qualified expert, is relevant and necessary, and is not barred by an exclusionary rule.

  • December 08, 2025

    Quebec’s young lawyers are suffering psychological distress, report reveals

    More than 60 per cent of Quebec lawyers with fewer than 10 years of experience suffer from psychological distress, a comprehensive study reveals, painting a disconcerting portrait of young lawyers overwhelmed by stress and struggling with the pressures of billable hours and long workweeks.

  • December 03, 2025

    Navigating continuing powers of attorney for property: Key dos and don’ts

    In estate law, when a grantor becomes mentally incapable, a continuing power of attorney for property is the estate planning tool that enables a person (i.e., the attorney) to step into the shoes of the grantor and do everything the grantor could lawfully do, except make a will. An attorney for property owes a fiduciary duty to the grantor and must always act in his or her best interests.

  • December 03, 2025

    Success rate for injured applicants at Licence Appeal Tribunal continues to plummet

    As a new associate chair with significant political connections is poised to take over, the Licence Appeal Tribunal (LAT) is facing criticism over the plummeting success rate for people injured in auto accidents who are appealing decisions by insurance companies — a success rate that has dropped precipitously to only eight per cent.

Can't find the article you're looking for? Click here to search the Wills, Trusts & Estates archive.