Wills, Trusts & Estates

  • March 27, 2026

    PROCEEDINGS - Appeals and judicial review

    Appeal by executor of the estate of Dr. Gersten from a decision striking the estate’s claim against Melody Weimer as statute‑barred under the Limitations Act. After Dr. Gersten’s death, a dispute arose among beneficiaries regarding Weimer’s entitlement under the will.

  • March 25, 2026

    Ottawa & provinces roll out disparate views on the ‘notwithstanding’ clause at Supreme Court

    Before the Supreme Court of Canada reserved its impending historic decision on March 26, the top court heard starkly different interpretations this week about the nature and operation of the Charter’s s. 33 “notwithstanding” clause.

  • March 26, 2026

    Ottawa introduces bill targeting foreign interference, deepfakes and long ballots

    The Liberal government has introduced legislation aimed at protecting federal elections from foreign interference, cracking down on “long ballot” protest tactics and curbing election-related misinformation, according to a March 26 release.

  • March 26, 2026

    Estate law: Capital gains exemption and qualified small business corporation shares

    Canadian taxpayers are currently afforded a cumulative lifetime exemption on capital gains realized from the sale of qualified small business corporation shares and on a qualified farm property or a qualified fishing property. A deduction on capital gains realized from any such sale(s) is permitted, up to the exemption amount, which as of June 25, 2024, was increased from $1,016,836 to $1,250,000, indexed for inflation. The new amount applies to sale(s) that take place after that date.

  • March 25, 2026

    N.B. to increase public trustee’s ability to administer small estates

    New Brunswick has introduced legislation that would widen the scope of its public trustee’s ability to deal with smaller estates.

  • March 24, 2026

    SCC judges probe what Charter s. 33 ‘override’ may mean for survival of Charter judicial review

    The argument that a legislature’s use of the Charter’s s. 33 “override” clause can temporarily prevent judges from striking down a law but not from reviewing the law’s constitutionality or stating that the law infringes Charter rights and freedoms sparked a lively exchange between counsel and the bench as the Supreme Court of Canada kicked off its inquiry into the constitutionality of Quebec’s controversial “secularism” (Bill 21) law.

  • March 23, 2026

    Alysa O’Keefe joins Aird & Berlis

    Alysa O’Keefe is a new associate at Aird & Berlis LLP.

  • March 23, 2026

    Seismic Bill 21 case draws record counsel & intervener presence at this week’s four-day SCC hearing

    This week’s blockbuster Bill 21 appeal at the Supreme Court involves 140 counsel of record — with 64 of them slated to make oral argument over four days on behalf of the 10 main party groups and the record 51 interveners.

  • March 18, 2026

    The mask of professionalism: Stress of maintaining the ‘good lawyer’ image

    In the first part of this two-part series (see link below), I wrote that in addition to actual legal work, most lawyers are also expected to act, speak and dress in certain ways. This added layer of effort can feel like a performance. It requires constantly monitoring yourself to maintain the image of a “good lawyer,” and it is exhausting. Here, I turn to what can be done to reduce the stress associated with all this extra labour.

  • March 18, 2026

    Distinct, complementary roles of section 3 counsel and litigation guardians in Ontario capacity proceedings

    When a party is incapable of instructing counsel, or their capacity is in question in a proceeding, two distinct safeguards exist under Ontario law to protect that party’s interests.

  • March 11, 2026

    The billable hour is running out of time

    Early in my career, I noticed a pattern I could not ignore. I would build rapport with clients, earn their trust and then watch everything fall apart the moment the invoice was sent. They were not upset with me personally, even though sometimes it felt that way. They were blindsided by a system that charged them in a way they found unfair. Even worse, I would get penalized if I found strategies to be fast and efficient to make it more fair.

  • March 10, 2026

    Courtney Yaremchuk joins MLT Aikins in Edmonton

    MLT Aikins has welcomed Courtney Yaremchuk as an associate lawyer in the firm’s Edmonton office.

  • March 10, 2026

    How a referral source can invalidate a will

      In Anroop v. Naqvi, 2026 ONCA 142, the Court of Appeal overturned the Application Judge, Justice Cory Gilmore’s decision Anroop et al. v. Naqvi et al., 2025 ONSC 160, and declared the fourth invalid largely due to the drafting lawyer’s “conflict of interest.”  

  • March 09, 2026

    Ontario Appeal Court unpacks conflict of interest in drafting wills

    Lawyers drafting wills for others must be diligent in avoiding conflicts of interest, says a lawyer acting in a case in which last wishes were deemed invalid due to evidence of a “suspicious circumstance.”

  • March 06, 2026

    Exclusion of refugee claimants from subsidized childcare violates women’s Charter s. 15 rights: SCC

    In a Charter s. 15(1) equality rights milestone, the Supreme Court of Canada has ruled that Quebec’s exclusion of refugee claimants from eligibility for subsidized childcare in the province unconstitutionally discriminates against women based on their sex.

  • March 05, 2026

    I’m on dad’s bank account: Do I get the money when he dies?

    The above headline is a bit of a loaded question. The short answer is: it depends. If you’re interested in the long answer, keep reading.

  • March 04, 2026

    Failure of ongoing duties results in lawyer being removed

    The removal of a party’s counsel of choice during litigation is a remedy granted only in exceptional circumstances. In some cases, an order removing counsel is issued because of a conflict of interest that has arisen with their own client or another party in the litigation, or because the lawyer or another member of their firm will be a material witness at trial.

  • March 03, 2026

    Ontario law society mandates Indigenous cultural competency course

    Law Society of Ontario (LSO) benchers have narrowly approved a mandatory Indigenous cultural competency course for all lawyers and paralegals, despite concerns it could lead to a repeat of the statement of principles drama that engulfed the law society several years ago.

  • March 03, 2026

    Key considerations when using alter ego trusts for estate planning

    When assisting clients aged 65 and older with estate planning, alter ego trusts merit consideration as a means to reduce estate administration tax and facilitate the transfer of assets on death. There are a number of benefits associated with the use of alter ego trusts; however, it is also important to be aware of these trusts’ complexity and potential tax consequences. This article reviews the core features of alter ego trusts, how they are taxed and examines who may benefit from using them.

  • March 02, 2026

    More than 85,000 Canadians registered in Middle East as Iran war disrupts air travel in region

    Ottawa says more than 85,000 Canadians have registered their presence in the Middle East with the Department of Foreign Affairs, urging those still in Iran to “shelter in place.”

  • February 25, 2026

    Family agreements: Key provisions regarding governance of multigenerational businesses

    In part one of this article, we discussed many key provisions that families should consider including in a family shareholders’ agreement (a “family agreement”) in the context of succession planning. In part two, we will discuss the following additional key provisions that can be addressed in family agreements:

  • February 25, 2026

    Court slams Human Rights Tribunal’s refusal to hear cases

    The Ontario Divisional Court has dismantled a major pillar of the Human Rights Tribunal’s unfair drive to reduce its backlog by dismissing most claims without a hearing.

  • February 24, 2026

    Globalization complexity: Foreign beneficiaries, foreign estate taxes

    The Canadian family is becoming increasingly global. One aspect of this is that our children and other family members increasingly work in other countries, sometimes staying after post-secondary education at a foreign college or university, forming relationships, including marriage, having children and settling in their new home jurisdiction. Others immigrate to Canada, leaving relatives and friends in their country of origin.

  • February 23, 2026

    B.C. Court of Appeal reinforces presumption of early vesting in estate law

    When does a class gift vest — upon the testator’s death or at a later time? While vesting often turns on how a will is drafted, in Jack Estate v. Jack Estate, 2026 BCCA 18, the British Columbia Court of Appeal reaffirmed that the presumption of early vesting applies to class gifts absent clear language to the contrary in the testator’s will. The court also made it clear in this decision that the vesting of testamentary gifts will not ordinarily be tied to the timing of estate administration.

  • February 20, 2026

    B.C. seeks public input on regulated paralegal roles

    The British Columbia government is asking for public feedback on what kinds of legal work regulated paralegals should be allowed to do. The Legal Professions Act, which became law in 2024, created a new category of legal service provider — regulated paralegals — who differ from those currently known in the province as paralegals, who work under the supervision of a lawyer and are not allowed to provide legal advice.

Can't find the article you're looking for? Click here to search the Wills, Trusts & Estates archive.