Wills, Trusts & Estates
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July 04, 2025
Reclaiming the role of executor: When can a renunciation be rescinded?
In the world of estate administration, the term “renunciation” has a very specific meaning — as noted in the most recent edition of Macdonell, Sheard and Hull on Probate Practice, renunciation refers to a “formal act … whereby an executor having a right to a grant of probate or a person having a right to a grant of administration renounces such right.” In Ontario, s. 34 of the Estates Act also confirms that the rights of executorship will “wholly cease” if a person renounces probate of a will.
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July 03, 2025
N.B. to consult public on changes to property tax system
New Brunswick’s government wants input from its residents on a future overhaul of the province’s property tax system — a revamp that will focus on transparency and stability in the face of “substantial increases” in property values.
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July 03, 2025
Amendments to Ontario’s Rules of Civil Procedure and impacts on settlement
New amendments to Ontario’s Rules of Civil Procedure have brought new obligations for settling parties.
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July 02, 2025
TRUSTS - Breach of trust - Capacity to hold interest in property as a trustee
Appeal by appellants from lower court decision finding they were liable to respondents for substantial sums of money for breach of two trusts and from order to pay punitive damages and special costs.
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June 27, 2025
SCC clarifies appeal right from removal orders in immigration judicial review case
In an immigration and statutory interpretation decision that sheds light on administrative law and how to analyze reasonableness in judicial review cases, the Supreme Court of Canada has ruled that foreign nationals may appeal removal orders to the Immigration and Refugee Board’s Immigration Appeal Division (IAD) if their visas were current on arrival in Canada, even if their visas expire after their arrival here.
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June 27, 2025
B.C. Court of Appeal increases damages award to parents who lost son, citing potential contributions
The B.C. Court of Appeal has increased damages awarded to parents who lost their 17-year-old son in a car accident to include compensation for the unpaid work their son was likely to undertake during his university years.
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June 27, 2025
CSA proposes ban on chargebacks in investment fund sales
The Canadian Securities Administrators (CSA) is proposing to ban chargebacks, a practice that allows investment funds, including mutual funds, to require dealers to repay upfront commissions if clients redeem their securities before a set period.
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June 26, 2025
Interpreting class gifts: Impact of will drafting on vesting
Class gifts can be a very effective tool for will-drafters, given the unique advantages that these gifts possess. Ideally suited to giving assets to multiple beneficiaries, one of the perks of class gifts is that they will not lapse if a member of the beneficiary class predeceases the testator. Rather, the gift will simply be distributed among the remaining class members.
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June 26, 2025
FedCt unveils new practice guidelines; cuts oral, written argument in visa, work & study permit JRs
The Federal Court this week “paused” its study permit pilot project and announced that, for judicial reviews of denials of temporary resident visas, study permits and work permits, the default maximum time for hearings will be reduced to 45 minutes and the default maximum written submissions will be limited to 20 pages, starting Sept. 2.
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June 25, 2025
Deaths from illegal drug supply fell 17% in 2024; thousands who died were men, many in their 30s
There were more than 7,000 opioid-related drug toxicity deaths in Canada last year — 20 people per day — an overdose crisis primarily driven by a toxic illegal drug supply, according to the latest data reported by the Council of Chief Medical Officers of Health and the Chief Coroners and Chief Medical Examiners.