Wills, Trusts & Estates
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April 09, 2024
Federal Court approves estimated $817M settlement in veterans’ disability benefits class action
The Federal Court has approved a settlement agreement of up to $817 million regarding a class action concerning the underpayment of certain disability benefits administered by Veterans Affairs Canada (VAC).
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April 05, 2024
Benefits of a separate situs will or power of attorney
Many of our readers, especially business owners, may be familiar with the concept of having multiple wills in the same jurisdiction, where each will governs different classes of assets — usually used to avoid paying estate administration tax (a.k.a. probate fees) on assets that do not require probate.
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April 04, 2024
Federal Court and Federal Court of Appeal float ideas for reforming their rules, seek bar’s input
The Federal Court and Federal Court of Appeal are working on updating their rules and seeking the bar’s views on dozens of reform ideas, such as modifying the test for certifying national class actions; green-lighting non-lawyers to represent litigants if “the interests of justice so require”; and boosting the $100,000 cap on claims for matters that proceed as simplified actions.
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April 02, 2024
CRA cancels 2023 reporting requirement for bare trusts, citing ‘unintended impact’
The Canada Revenue Agency (CRA) has backtracked on a decision requiring so-called bare trusts to file a T3 return for the 2023 tax year. In a March 28 advisory, the CRA noted that the new reporting requirements for trusts had had an “unintended impact on Canadians.” Consequently, it added, the CRA “will not require bare trusts to file a T3 Income Tax and Information Return (T3 return), including Schedule 15 (Beneficial Ownership Information of a Trust) for the 2023 tax year, unless the CRA makes a direct request for these filings.”
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March 28, 2024
Supreme Court of Canada rules Charter applies to First Nation government and its citizens
The Supreme Court of Canada has ruled 6-1 that the Charter applies to a First Nation government and its citizens in Yukon, as well as ruling 4-3 that the Charter’s s. 25 shields from a community member’s s. 15 equality rights challenge the self-governing Vuntut Gwitchin’s constitutional requirement that its elected leadership must live on the First Nation's traditional territory.
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March 27, 2024
Facilitating international document verification: Canada ratifies Apostille Convention
Canada’s recent decision to ratify the Apostille Convention marks its significant effort to simplify cross-border and global document verification.
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March 26, 2024
New associate at O’Sullivan
Nicholas André has been named an associate at O’Sullivan Estate Lawyers LLP, the Toronto-based wills and estates boutique.
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March 26, 2024
Removing an estate trustee: How bad is bad enough?
The courts in Ontario have repeatedly emphasized that they are reluctant to remove named executors or estate trustees at the request of beneficiaries of the estate. The principle of testamentary freedom provides that the testator’s wishes as to who should manage their estate should be respected except for the most extreme cases of malfeasance.
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March 22, 2024
B.C. legal institute recommending changes to update parentage rules in family legislation
A legal institute in British Columbia has set out a number of tentative recommendations to reform the rules surrounding parentage in the province, which it says will help the law keep pace with modern times.
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March 22, 2024
Ontario Court of Appeal overturns $1M damages award for breach of real estate sale agreement
The Ontario Court of Appeal has overturned an award of $1 million in relation to the breach of a sale agreement for a home, finding that a trial judge erred by awarding the buyer the difference between the contract price and the market value of the property at the time of trial.