Wills, Trusts & Estates
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April 29, 2025
Close relationship: A novel approach to rebutting presumption of resulting trust
It is well-established in Canada that equity presumes bargains, not gifts. The Supreme Court of Canada’s seminal decision in Pecore v. Pecore, 2007 SCC 17 confirms that this principle even extends to gratuitous property transfers from parents to their own adult children.
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April 28, 2025
TRUSTS - Creation - Presumed resulting trusts
Appeal by appellant Diane Wilkinson from chambers judge’s order dismissing her trust claims as statute barred under Limitation Act.
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April 25, 2025
SCC rules CRTC has no jurisdiction to decide 5G access disputes between telecoms and municipalities
In a decision that addresses the role of so-called “dynamic” statutory interpretation in cases where technology has evolved or other circumstances have changed significantly since a law was enacted, the Supreme Court of Canada has affirmed 7-2 that the CRTC does not have jurisdiction to adjudicate disputes between telecom carriers and public authorities that have refused to allow the telcos to deploy 5G small cell antennas on public property.
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April 23, 2025
Call rights in shareholders’ agreements: Navigating the anti-deprivation rule
The shareholders’ agreement governs the relationship among a corporation’s shareholders. It often establishes the rules governing the exit of a shareholder — for instance, by way of call right provisions upon the occurrence of certain triggering events.
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April 17, 2025
Personal autonomy: The right to decide when making controversial gifts
In our aging society where many of us live well into our nineties, often with diminished capacity, the issue of autonomy to make gifts is of increasing importance.
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April 15, 2025
New CBA course aims to aid legal professionals in serving trans clients
During one of the most hostile periods in recent history for trans rights, the Canadian Bar Association has launched an online course to help legal professionals better serve trans people.
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April 15, 2025
Spousal support and foreign divorces
Family lawyers have all experienced the frustration of advising a spouse that our courts do not have jurisdiction, either under the Divorce Act or the Family Law Act, to grant spousal support if a valid divorce has been granted in a foreign jurisdiction.
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April 14, 2025
Limitless? When employees become disabled during the notice period
In Saskatchewan Indian Gaming Authority Inc. v. Pasap, 2025 SKCA 15, the court considered the case of an employee who sued for both reasonable notice damages, as well as damages for lost disability insurance benefits, when he became disabled during his claimed notice period. The court of appeal, in its majority and dissenting reasons, demonstrates the tension around determining whether a worker is disabled from all occupations.
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April 11, 2025
Nova Scotia, legal group providing power of attorney app
Nova Scotia has partnered with a legal resource provider to develop a free app aimed at making it easier to name a power of attorney.
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April 10, 2025
Constitutional clash brewing as Ottawa targets immigration bar with up to $1.5 million in admin penalties
Bar organizations are warning Ottawa that a new administrative monetary penalty regime to be applied to legal professionals — featuring penalties of up to $1.5 million for immigration and refugee lawyers determined by federal officials to have participated in clients’ misrepresentations — will be constitutionally challenged if lawyers are not exempted from the proposed regulations, which are expected to come into force later this year.