Wills, Trusts & Estates
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October 30, 2025
Exclusive: Chief Justice Crampton reflects on Federal Court’s successes and ongoing challenges
As he steps down today from the diversified and expert bench he’s recruited over the past 14 years, Federal Court Chief Justice Paul Crampton says he’s confident about the national trial court’s future, even though the full implementation of the court’s “digital shift” awaits the necessary funding from Ottawa.
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October 30, 2025
New Brunswick considering changes to Wills Act
New Brunswick is planning changes to legislation governing wills to give judges more room to interpret them, create greater clarity on the law by getting rid of old rules and allow 16-year-olds to officially document their last wishes.
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October 30, 2025
Business succession à la Hallmark
I love watching Hallmark romance movies. (Yes, I am a guy.) My wife and former associate, Maureen McKay, does not. They are too sickly sweet for her taste.
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October 30, 2025
Black magic and black letter: Legal tales of witchcraft, ghosts and haunted houses
It was not a dark and stormy night. It was actually a pleasant fall morning, and I probably should have been entering my dockets. But the Halloween spirit was in the air, and it moved me to see what Canadian law has to say about the occult. Read on if you dare. I promise there won’t be anything as frightening as the Income Tax Act.
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October 29, 2025
Commons committee invites public input on improving peace bonds, recognizance orders
A House of Commons committee is soliciting submissions by Nov. 28 to inform its new study of how the safety of women and children is affected by Canada’s bail and sentencing regimes, and how Criminal Code s. 810 (recognizance orders or peace bonds) can be improved to help keep women and children safe.
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October 29, 2025
The 99th anniversary of the Great Stork Derby
What if we told you having the most babies in a decade could make you a millionaire? In 1926, this wasn’t a hypothetical, it was the premise of one of the most bizarre contests in legal history.
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October 29, 2025
Guardianship applications: Navigating the thoroughfares of the SDA
The Substitute Decisions Act outlines the steps needed to appoint a guardian in a variety of circumstances. The appointment of a guardian under the Act may become necessary if a person becomes incapable without having already executed a power of attorney appointing someone to make decisions on their behalf during their incapacity. In other cases, an incapable person may have already executed a POA, but the attorney, for whatever reason, is no longer suitable.
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October 28, 2025
CJ Crampton says Federal Court ‘won’t hesitate’ to impose costs on lawyers for undisclosed GenAI use
Counsel who “thumb their noses” at the Federal Court’s requirement to disclose any and all generative AI they used to create court filings will find that the national trial court “won’t hesitate” to ding them with personal costs or initiate contempt proceedings, warns Federal Court Chief Justice Paul Crampton.
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October 28, 2025
Estate trustee during litigation: The power to make payments from residue of estate
In Ontario, an estate trustee during litigation (ETDL) does not have the power to distribute the residue of an estate, despite having all the rights and powers of a general administrator: see s. 28 of the Estates Act. However, this rule does not mean that an ETDL cannot make payments from the residue of an estate.
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October 24, 2025
The ‘bundle of sticks’: Legal vs. beneficial ownership in estate planning
As every estate lawyer worth their salt knows, the amount of careful analysis and due diligence that good, individualized estate planning requires cannot be overstated. Importantly, this process involves determining all the assets a testator has an interest in, how such interest is held, and finally how they would like to dispose of or pass on such interest(s) in their estate planning documents.