Wills, Trusts & Estates
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January 20, 2026
B.C. postpones Heritage Conservation Act amendments to seek more feedback
The British Columbia government is postponing the introduction of proposed amendments to its Heritage Conservation Act, which were originally anticipated for spring 2026.
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January 19, 2026
What estate litigators can expect in 2026
2025 marked significant updates in estate litigation, introducing key reforms for practitioners. Changes to Estate Forms under Rules 74, 74.1 and 75 of the Rules of Civil Procedure, which took effect mid-August to simplify probate applications, will remain active into 2026. A notable Ontario Superior Court ruling in Mavalwala Estate v. Fast, 2025 ONSC 4100 confirmed that only physically executed wills are valid, and that electronic drafts are not valid. There have also been discussions regarding the changes to the Rules, which started in 2025 and will be implemented in 2026.
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January 19, 2026
B.C. Appeal Court upholds tax on foreign real estate buyers
B.C.’s top court has ruled the province’s so-called “foreign buyer’s tax” for certain real estate sales is payable on the whole transaction when any transferee is a foreign entity or taxable trustee.
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January 19, 2026
MAINTENANCE AND SUPPORT - Support of common law partner
Appeal by appellant from a chambers decision declaring the respondent to be Somers’ adult interdependent partner at the time of his death. The respondent applied for the declaration under the Adult Interdependent Relationships Act (AIRA), that she was the adult interdependent partner of the deceased and therefore entitled to apply for support and maintenance from his estate.
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January 16, 2026
SCC’s packed winter session features momentous appeal on Charter s. 33 override provision
The Supreme Court of Canada began hearings in its very busy winter session this week, which features a potentially watershed constitutional appeal and the surprise announcement that Justice Sheilah Martin, the court’s senior western judge, will retire next spring.
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January 16, 2026
Ontario Civil Rules Review report calls for binding judicial dispute resolution
In my last article for Law360 Canada, I provided an overview of the Ontario Civil Rules Review (CRR), its Working Group and the Working Group’s final policy report (the Report), which called for, among other things, two reforms to the pre-trial process. That article explored the following reforms:
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January 15, 2026
The case for in-person appearances, part two
I have taught professionalism for years, starting at the old Bar Admission course, at two law schools and on an ad hoc basis to articling students and juniors. I tell all of them same thing on the first day: everything you need to know about professional responsibility can be summed up in two sentences.
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January 14, 2026
Federal Court approves $100,000 settlements for children of woman killed in boating accident
The Federal Court has approved a settlement under which two minors whose mother died in a boating collision will each receive about $100,000 in damages, resolving claims against the owners and operators of the vessels for loss of guidance, care and companionship, and loss of dependency and services.
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January 13, 2026
Supreme Court of Canada Justice Sheilah Martin to retire in May after eight years at top court
Supreme Court of Canada Justice Sheilah Martin, a former University of Calgary law dean and one of the apex court’s criminal and constitutional law experts, will retire May 30, 2026, after working at the high court for more than eight years.
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January 13, 2026
Top 3 practical details for your will and supporting documents
Hopefully you have started the year in style by signing your will. You’ve chosen a trusted executor, protected your hard-earned assets for your children and provided for the people you care about most.