Wills, Trusts & Estates

  • 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.

  • April 30, 2026

    The confluence of AI, intellectual property and estate planning: What could go wrong?

    Death, as it turns out, is not the end of the revenue stream. If anything, it may be the beginning of a particularly vigorous second act. Consider the perennial earners on Forbes’ list of highest-paid dead celebrities: Michael Jackson still moonwalks to the bank, Dr. Seuss continues to rhyme his way into licensing deals, Richard Wright and Syd Barrett echo through classic rock royalties, and the Notorious B.I.G. remains, well, notorious — and profitable. The moral? Mortality is inevitable; monetization, apparently, is optional but highly recommended.

  • April 30, 2026

    WILLS - Preparation and execution - Attestation - Undue influence, fraud and mistake

    Appeal by appellants (Bryan and Amadai) from a judgment dismissing their application challenging the validity of a May 19, 2022, will (the Fourth Will) said to be executed by the deceased, Reka, and from a costs order requiring each party to bear their own costs. Acting on an earlier will, Bryan applied for a certificate of appointment and collected a life insurance payout.

  • April 29, 2026

    Andrea Stevanovik joins Langlois as tax lawyer

    Langlois has added Andrea Stevanovik as a lawyer in its business law group.

  • April 28, 2026

    Ottawa’s economic update proposes apprentice wage subsidies, tax & criminal changes to build ‘Canada Strong’

    The Carney government says it plans to make it a criminal offence to operate a cryptocurrency automated teller machine (ATM) and that it will push ahead with controversial amendments to enable “law enforcement” to search and seize mail.

  • April 28, 2026

    Typography for lawyers

    In my last article, I wrote about visualization in law. But visualization is not limited to diagrams or tables. Text itself is visual, and its organization can improve reader engagement and comprehension. This is typography.

  • April 28, 2026

    Six months of tracking Toronto civil court delays: What the data shows

    On Jan. 28, 2026, the Toronto Superior Court of Justice’s online booking system displayed no available dates for a Civil Case Conference. On Jan. 29, the wait was eight days. By Feb. 3, it was 210 days. Same court, same hearing type. Three wildly different outcomes in a week.

  • April 24, 2026

    Ontario FOI changes ‘one of the most serious attacks on the public’s right to know’ in years: expert

    The Ontario government has fast-tracked legislation through the provincial legislature that makes significant changes to the province’s freedom of information (FOI) laws, a move observers are calling “undemocratic” and dangerous.

  • April 24, 2026

    The hidden stress of workload management on young lawyers

    Young lawyers expect to spend their early years learning how to research, draft, negotiate and advocate in court. Those skills are difficult, but at least they are taught openly. A senior lawyer will hopefully demonstrate how to structure a factum, mark up your work and explain what “good” looks like.

  • April 23, 2026

    Saskatchewan introduces bill to bring in associate judges for King’s Bench

    Taking its cues from a handful of other provinces, Saskatchewan has introduced legislation that would add associate judges to its Court of King’s Bench.

  • April 20, 2026

    New OBA campaign brings rule of law understanding to public

    This month, the Ontario Bar Association (OBA) launched its Rule of Law campaign in which local lawyers host discussions in their communities to help the public better understand the rule of law and its everyday importance to democracy.

  • April 17, 2026

    MLT Aikins adds Steven Prysunka in Edmonton office

    MLT Aikins has welcomed Steven Prysunka as an associate in its Edmonton office.

  • April 17, 2026

    No contest clauses beyond will challenges: Can estate litigation result in disinheritance?

    Testators have long used no contest clauses to threaten disinheritance should a beneficiary challenge their will. Recently, it became clear that no contest clauses can also extend beyond will challenges to discourage beneficiaries from commencing other forms of estate litigation.

  • April 16, 2026

    Estate challenges if your children live in the U.S.

    When children are growing up and living at home, most families could not foresee the challenges involved when one or even all of them end up living in the U.S. Children often decide to live permanently in the U.S. to pursue employment opportunities following post-secondary education in the U.S. Or sometimes, they meet their future spouse while attending a U.S. university, co-habit or marry, have children and settle in the U.S.

  • April 13, 2026

    Why equal shares aren’t always equal: RRIF estate tax lessons

    What happens when a Registered Retirement Income Fund (RRIF) is included in an estate but the will says nothing about it? The Québec Superior Court answered that question in Noël c. Birk, 2026 QCCS 187, and the answer should matter to every estate planner, liquidator and testator with registered assets.

  • April 10, 2026

    SCC backs insurer in dispute over Quebec death declaration

    In a unanimous ruling, the Supreme Court of Canada has clarified the degree of proof required to establish the “return” of a person declared dead under the Civil Code of Quebec. Under the Code, a court can declare a person dead if they have not been heard from in seven years. Known as a declaratory judgment of death, it allows for settlement of a person’s affairs such as permitting succession and dissolving a marriage.

  • April 10, 2026

    ABSENTEES - Rebuttal of presumption - Existence of strong motive for disappearance - Standard of proof

    Appeal by Riddle from a judgment of the Quebec Court of Appeal which allowed in part an appeal. In 2008, Riddle’s spouse, Imanpoorsaid, informed her that he was going to Toronto, which was not unusual in his line of work. However, he never returned.

  • April 10, 2026

    WILLS - Preparation and execution

    Appeal by appellants from a summary judgment decision dismissing their solicitor’s negligence action. The action was against the respondents, Dioguardi and his law firm, on the basis that it was an abuse of process. The respondents drafted the 2018 Will of James Sr.

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