Wills, Trusts & Estates

  • November 10, 2025

    Judicial vacancies hit 5%, threatening more trial delays and backlogs

    Ottawa is lagging again in filling the country’s federal benches, hitting a five per cent vacancy rate on Nov. 1, 2025 — mostly in the critical trial courts of Ontario, B.C. and Quebec, which are constitutionally obliged to conduct trials within a reasonable time or face the prospect of staying criminal cases.

  • November 07, 2025

    Can celebrities lose the right to their voice?

    Back in May 2024, actress Scarlett Johansson was embroiled in a legal dispute with OpenAI when the company released a voice for its ChatGPT assistant, “Sky,” which sounded strangely similar to her own. Johansson had previously declined an offer to voice the AI, and this alleged mimicry was done without her permission. OpenAI has since removed the “Sky” voice and paused its release, while the issues remain in dispute.

  • November 05, 2025

    New federal immigration levels plan cuts targets for permanent & new temporary resident admissions

    Ottawa’s three-year plan to reduce immigration to “sustainable” levels includes new “one-time” initiatives to “recognize eligible Protected Persons in Canada as permanent residents over the next two years” and to “accelerate the transition of up to 33,000 work permit holders to permanent residency in 2026 and 2027.”

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • October 23, 2025

    The case for in-person appearances

    I am no fan of in-person discoveries or mediation, purely from a selfish perspective of my time. Virtual discovery and mediation allow us to be more efficient with our time and our clients’ money. While I am not advocating for a return to all discoveries and mediations being in person, there is no doubt that something is missing.

  • October 23, 2025

    Navigating the jurisdictional, legal complexities of B.C. cross-border estate disputes

    In an increasingly global society, it is no longer uncommon for an individual to pass away owning property or financial assets or maintaining family ties across multiple countries. When a person’s estate spans multiple jurisdictions, the administration and distribution process quickly becomes fraught with complexity.

  • October 22, 2025

    Ontario, Manitoba, Saskatchewan to host Access to Justice Week 2025

    Three provinces are holding the 10th annual National Access to Justice Week later this month. Ontario, Manitoba and Saskatchewan are listed as hosing the event, which runs this year from Oct. 27 to 31 and is being quarterbacked by the Action Group on Access to Justice (TAG).

  • October 22, 2025

    John Israel Galambos rejoins Miller Thomson as tax partner

    John Israel Galambos has returned to Miller Thomson’s Montreal office as a partner in the firm’s tax group, effective Oct. 20, 2025.

  • October 22, 2025

    Crossing the line: How Ontario courts decide if a will, power of attorney was forced

    Every family has its dynamics — caring children, dominant personalities, financial dependence, and sometimes subtle power imbalances. When an elderly parent signs a will or power of attorney in such an environment, questions often arise: was this truly their decision or was their hand guided by someone else?

  • October 21, 2025

    CRA call centres often fail to deliver accurate, timely help, says auditor general

    The Canada Revenue Agency’s (CRA) call centres, which are supposed to help individuals and businesses with their tax queries, frequently dispense inaccurate and/or incomplete information and make Canadians wait unacceptably long times to get it, according to the latest review by the auditor general of Canada.

  • October 21, 2025

    Parliamentary privilege, Indigenous sentencing, spoliation among highlights of SCC’s fall session

    The Supreme Court of Canada’s busy and diverse fall session includes weighty constitutional, criminal and Aboriginal law appeals that have attracted the participation of dozens of interveners. By the time the top court’s fall session ends on Dec. 12, 2025, the court will have heard some 20 cases, split between civil and criminal appeals.

  • October 20, 2025

    Requesting medical assistance in dying in advance: Your decision

    Over the last three decades the role of the estate planning lawyer has greatly expanded with the advent in the 1990s in Ontario of modern legislation dealing with substitute decision-making, including powers of attorney for property and for personal care.

  • October 15, 2025

    Removal, oversight and accountability of attorneys in Ontario

    When a person loses the ability to manage their finances or personal care, a power of attorney can become a powerful tool. It allows someone — the attorney — to step into the grantor’s shoes and make critical decisions about their property, health and daily life. But with power comes responsibility, and sometimes, abuse.

  • October 10, 2025

    SCC clarifies when Quebec 10-year ‘extinctive prescription’ period reboots for collecting on judgments

    The Supreme Court of Canada ruled 9-0 in a Quebec appeal that filing and serving a notice to seize property counts as a judicial application interrupting the 10-year deadline to collect payment on a judgment — thereby restarting for a further 10 years the “extinctive prescription” period (comparable to a limitation period in the common law provinces) that applies to rights resulting from most money judgments under art. 2924 of the Civil Code of Québec.

  • October 09, 2025

    The horrors of homemade wills: When good intentions go bad

    It’s a story estate lawyers know all too well: someone decides to “save a few bucks” by writing their own will — only for the family to end up spending thousands in legal fees after their death. While homemade wills might seem like a simple solution, the reality is far more complicated. The law sets out strict requirements for how a will must be made, and even the smallest misstep can leave your loved ones in legal limbo.

  • October 08, 2025

    Fraser calls provinces’ demand to scrap Ottawa’s SCC arguments on notwithstanding clause ‘untenable’

    Attorney General of Canada Sean Fraser has pushed back against the demands of five premiers that Ottawa should drop its novel arguments at the Supreme Court that there are substantive constraints on governments’ powers to invoke the Charter’s s. 33 “notwithstanding” clause — arguments that those five provinces contend “represent a complete disavowal of the constitutional bargain that brought the Charter into being” in 1982.

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