Wills, Trusts & Estates
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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.
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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.”
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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.”
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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.
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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.
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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.
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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.
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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.
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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.
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March 23, 2026
Alysa O’Keefe joins Aird & Berlis
Alysa O’Keefe is a new associate at Aird & Berlis LLP.