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June 10, 2026
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.
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June 09, 2026
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.
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June 05, 2026
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.
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June 05, 2026
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.
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June 04, 2026
Clark Wilson has added Mackenzie Do as an associate in its family law and estates and trusts groups in Vancouver.
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June 04, 2026
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.
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June 03, 2026
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.
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June 02, 2026
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.
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May 29, 2026
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.
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May 22, 2026
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.