Wills, Trusts & Estates
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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.
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February 13, 2024
SCC’s output fell to 34 judgments in 2023, renewing questions, concerns within the bar
Is the Supreme Court of Canada giving enough legal guidance to Canadians, particularly in private law cases? It’s a question simmering within the legal community, one that attracts the attention of academics and litigators and that might benefit from the court shedding some light, especially because the numbers of cases the nine judges hear and decide have been trending down for more than a decade, without explanation.
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February 08, 2024
Barring intervener counsel from pleading in person at SCC ‘improves access to justice’: CJ Wagner
The Supreme Court of Canada’s controversial policy of restricting intervener counsel to virtual appearances, rather than giving them the same hybrid option as party counsel to appear in person before the judges, “offers substantial savings, especially to those farthest from Ottawa” and “as such levels the playing field and improves access to justice,” Chief Justice of Canada Richard Wagner told the Canadian Bar Association (CBA).
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February 08, 2024
Crossroads Law adds partner
Crossroads Law LLP announced that Matthew Katsionis has joined its partnership in Vancouver.