Wills, Trusts & Estates

  • June 19, 2026

    Ottawa mulls Charter issues as joint committee proposes ban ‘indefinitely’ on MAID for mentally ill

    The federal government has been advised by the majority of a 17-member parliamentary special committee to amend the Criminal Code to “indefinitely” bar access to medical assistance in dying (MAID) to persons suffering solely from mental illness, with the Bloc Québécois and three dissenting senators recommending that the government direct a reference to the Supreme Court of Canada to clarify the applicable law.

  • June 18, 2026

    Ontario Court of Appeal overturns Handley Estate rule: Disclosure of partial settlements

    In multi-party civil litigation, it is common for one or more parties to resolve their disputes by way of agreement, while the proceeding continues against those parties who have not settled. These “partial settlement agreements” are a routine feature of complex litigation.

  • June 10, 2026

    Top judge backs Jordan juggernaut, warns bar against filing fake AI-generated precedents in court

    The Supreme Court’s controversial Jordan decision, which has sparked the dismissal of thousands of cases due to unconstitutional trial delay, is still good law, but stays of proceedings are not a cure for undue systemic trial delay, Canada’s top judge says. “One stay of proceedings is too many,” Supreme Court of Canada Chief Justice Richard Wagner stressed at his annual press conference in Ottawa June 9.

  • June 10, 2026

    How much should your executors and trustees be paid?

    Recent news reports concerning the compensation claimed by the executors of the estate of the late Loretta Rogers, matriarch of the telecom Rogers family, one of Canada’s wealthiest, has raised concerns for many, particularly if they have a large estate, on how much their executors can be paid.

  • June 09, 2026

    N.L. giving greater powers to province’s seniors’ advocate

    Newfoundland and Labrador has passed legislation giving its seniors’ advocate the powers of “individual advocacy and investigation.” According to a June 5 news release, the move aligns the role of the province’s seniors’ advocate with that of “similar statutory officers,” such as the citizens’ representative and the child and youth advocate.

  • June 05, 2026

    Probate: When it’s not a simple over-the-counter court application

    In the usual course of estate administration, one of the preliminary steps is often obtaining a Certificate of Appointment of Estate Trustee with a Will (often referred to as “probate”). Generally, this is an administrative, over-the-counter process. The applicant files the original will, the prescribed application forms, any supporting materials required by the court, and pays the applicable Estate Administration Tax. If the application is in order, the court issues a Certificate of Appointment confirming the authority of the estate trustee named in the will.

  • June 05, 2026

    Inconsistent consequences: How Canadian courts and tribunals respond to AI misuse

    When a Canadian court or tribunal finds that a party has relied on a case that does not exist, the consequence is far from uniform. In one decision, the lawyer responsible was ordered to pay $17,550 in costs personally. In another, the order was $100. In 60 of the 177 decisions we reviewed, the adjudicator identified the problem but imposed no consequence at all.

  • June 04, 2026

    Mackenzie Do joins Clark Wilson as associate

    Clark Wilson has added Mackenzie Do as an associate in its family law and estates and trusts groups in Vancouver.

  • June 04, 2026

    Ross v. Luypaert: Applying the essentials of the Ontario Partition Act

    Ross v. Luypaert is another interesting case from the Court of Appeal in Ontario. In this case, the two daughters of John Douglas Ross and Regine Ross, Yonna and Lorraine, are the litigation guardians of their incapable parents. The parents owned a property (Property A) jointly with their son, Rene Luypaert. Regine Ross solely owned another property (Property B), which was occupied by their son.

  • June 03, 2026

    Appeal Court alters judgment on company liquidation, favours share buyout

    The British Columbia Court of Appeal has upheld the finding that shareholders were not subject to oppression in a company’s affairs, but found that an alternative remedy to the liquidation ordered by the lower court was available.

  • June 02, 2026

    Disclaiming an inheritance: Guide from an estate lawyer

    In Ontario, a beneficiary under a will or an intestacy cannot be compelled to accept an inheritance or a gift. A beneficiary has the option of choosing whether to accept an inheritance, or alternatively, whether to not accept, or in legalese, to “disclaim” an inheritance.

  • May 29, 2026

    The appropriate framework for trust disclosure: Validity of proprietary rights theory

    When it comes to trust documents, an issue the courts have grappled with multiple times over the years is whether the beneficiaries of a trust are entitled to disclosure outside the context of adversarial litigation. Although trust beneficiaries are entitled to an accounting regarding the administration of trust property, there is no firmly established right to the disclosure of trust documents beyond an accounting.

  • May 22, 2026

    Feds invest $816M in Canadian Coast Guard to fund new Arctic security mandate

    In an effort to strengthen maritime security, the federal government has announced a “foundational investment of $816 million over seven years” to expand the Canadian Coast Guard’s role in monitoring Canada’s waters.

  • May 19, 2026

    Carney announces members of Independent Advisory Board to help select next SCC judge

    On May 19, Prime Minister Mark Carney announced the chair and members of the Independent Advisory Board for the Supreme Court of Canada Judicial Appointments.

  • May 19, 2026

    Nova Scotia’s top court releases 2025 annual report

    The release of the Nova Scotia Court of Appeal’s latest annual report sets the stage for an increase in webcasts and a push to educate people on the importance of judicial independence, says the province’s top judge.

  • May 13, 2026

    Using a letter of wishes for personal effects in your estate plan

    A well-crafted estate plan addresses more than just your major assets, like real estate, corporate interests and investment accounts. It can also encompass personal effects with both sentimental and financial value. Often, these items carry deep emotional significance and can also be the focal point of disagreement among loved ones, regardless of their monetary value. One practical tool to guide the distribution of these items and potentially avoid these disagreements is a letter of wishes.

  • May 08, 2026

    SCC sheds new light on cause-of-action estoppel; clarifies requirements & application

    The Supreme Court of Canada has explained the contours and application of the cause-of-action estoppel branch of the common law doctrine of res judicata, dividing 6-3 in a Newfoundland and Labrador power-of-sale case to hold that the appellant mortgagee’s $4-million claim under a collateral mortgage is res judicata as it had already been determined in an earlier court proceeding.

  • May 08, 2026

    Privacy commissioner calls for permanent funding, prioritization of privacy

    In remarks delivered to the House of Commons, the Privacy Commissioner of Canada emphasized the “impact of a rapidly evolving technological environment,” called for modernization of federal privacy laws and advocated for permanent funding of his office.

  • May 08, 2026

    Better Call Saul and AI: Changing the perception of the ‘ideal lawyer’

    Spoiler Alert: The following contains plot details from Better Call Saul. Charles McGill, the decorated senior partner in the TV series Better Call Saul, is everything the legal profession tells itself it stands for: principled, authoritative, a guardian of the rule of law. His younger brother Jimmy — the poor, hustling, desperate Saul Goodman — represents everything the profession looks down on. But as artificial intelligence dismantles the gatekeeping function that long justified the legal profession’s self-image, it is worth asking: which one of them is a more accurate reflection of a lawyer?

  • May 07, 2026

    Ban on non-competes, new crypto-asset reporting framework are features of latest federal budget bill

    The Carney government has introduced its second omnibus implementation bill to implement a slew of measures it proposed in the federal budget last November.

  • May 06, 2026

    Exit on your terms succession planning for family business owners

    For many family businesses, especially those built across generations, the business is more than an asset. It represents decades of effort, risk-taking, and personal investment, which forms part of the family’s identity and legacy. Many family businesses are passed down among generations, with the ownership and management of such businesses often governed by family shareholder agreements. Yet, other family businesses may lack a clear succession plan when the next generation is not willing or capable of stepping into an owner-manager role.

  • May 06, 2026

    When AI and intellectual property threaten estate planning: Practical strategies

    By now, it should be abundantly clear that modern estate planning — particularly for clients with intellectual property — is less “tidy will and testament” and more “multidimensional chess played against the future.” The good news? There are strategies. The less-good news? They require actual planning.

  • May 05, 2026

    Former SCC justice Louise Arbour named Canada’s next governor general

    Prime Minister Mark Carney has announced that former Supreme Court of Canada justice Louise Arbour will become Canada’s next governor general. Arbour will become the first former judge of the top court to take on the vice-regal role.

  • May 04, 2026

    The confluence of AI, intellectual property and estate planning: Preventing calamity

    If part one of this three-part series (see below for link) was the amuse-bouche, this second article is the main course — served with a side of existential dread and a garnish of legal ambiguity. Welcome to the confluence of artificial intelligence, digital replicas and personality rights, where estate planning gets delightfully thorny and occasionally surreal.

  • May 01, 2026

    Bar says it ‘likely’ will appeal B.C. ruling that lawyer independence doesn’t require self-regulation

    Heralding a significant shift in the Canadian legal landscape, the British Columbia Supreme Court has rejected the legal profession’s constitutional challenge to the B.C. Legal Professions Act — legislation that would end more than 150 years of lawyer self-governance and self-regulation by benchers elected from the provincial bar.

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