Wills, Trusts & Estates

  • April 02, 2026

    N.B. giving millions to justice services, increasing various fees

    New Brunswick is investing millions in its justice and safety services — including more than $1 million for the agency investigating incidents of death, injury or sexual assault involving a police officer. As part of an April 1 news release, the province also detailed a myriad of fee hikes, including an increase in filing a claim to small claims court, a per-page increase for criminal and family matter transcripts and a rise in costs involving probate court.

  • April 02, 2026

    Eco-friendly estate planning: Leaving a more sustainable legacy

    Sustainable living does not have to end with your lifetime. In today’s increasingly eco-conscious world, more and more individuals are looking for ways to reduce their carbon footprint and leave things “greener” for future generations. Eco-friendly estate planning can integrate those values into practical decisions that reduce your environmental impact while caring for loved ones after your death. Below are a few “green” options to consider implementing in your estate plan.

  • April 01, 2026

    Carney mandates shortlist of 3+ bilingual western jurists for SCC, but only 2 were found last time

    The Carney government has opted to stick with the predecessor Liberal government’s requirement that the prime minister be handed a shortlist of at least three bilingual qualified candidates to fill an impending western/northern vacancy on the Supreme Court of Canada, despite the inability of the advisory committee that created the shortlist for the last such vacancy to recommend more than two bilingual qualified jurists.

  • March 31, 2026

    Judicial council sanctions handful of federal judges but rejects hundreds of conduct complaints

    The Canadian Judicial Council (CJC), which oversees the professional conduct of the country’s 1,184 federally appointed judges, says that five judges were reprimanded or received other disciplinary sanctions last year.

  • March 31, 2026

    Alberta pushes for constitutional change on judicial appointments

    The Government of Alberta announced that it will introduce a motion calling for “constitutional amendments that give the province a say in superior court appointments.”

  • March 30, 2026

    PM launches process to select Justice Martin’s replacement on SCC bench

    On March 30, Prime Minister Mark Carney launched the process to “select the next judge of the Supreme Court of Canada, who will fill the vacancy created by the upcoming retirement of Justice Sheilah L. Martin.”

  • 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.

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