Real Estate
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October 28, 2025
CJ Crampton says Federal Court ‘won’t hesitate’ to impose costs on lawyers for undisclosed GenAI use
Counsel who “thumb their noses” at the Federal Court’s requirement to disclose any and all generative AI they used to create court filings will find that the national trial court “won’t hesitate” to ding them with personal costs or initiate contempt proceedings, warns Federal Court Chief Justice Paul Crampton.
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October 28, 2025
Estate trustee during litigation: The power to make payments from residue of estate
In Ontario, an estate trustee during litigation (ETDL) does not have the power to distribute the residue of an estate, despite having all the rights and powers of a general administrator: see s. 28 of the Estates Act. However, this rule does not mean that an ETDL cannot make payments from the residue of an estate.
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October 27, 2025
Legal practice: Turning the screws because you can
I recently observed a transaction from afar. It was the sale of a small retail shop — a tiny deal for a few hundred thousand dollars. The seller was getting out because they had to. There was not a ton of money to go around.
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October 27, 2025
What is ‘legal advice’ and why is it different than other advice?
How do we determine whether legal advice is good or bad? Outside of basic competence issues (missing statutory deadlines, for example), is there a difference between good advice, good legal advice, bad advice or bad legal advice?
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October 24, 2025
The ‘bundle of sticks’: Legal vs. beneficial ownership in estate planning
As every estate lawyer worth their salt knows, the amount of careful analysis and due diligence that good, individualized estate planning requires cannot be overstated. Importantly, this process involves determining all the assets a testator has an interest in, how such interest is held, and finally how they would like to dispose of or pass on such interest(s) in their estate planning documents.
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October 24, 2025
AI: Ask a stupid question, get a stupid answer
Martin is a lawyer who has closed many residential real estate transactions. Back when he was starting out, Martin read the relevant statutes and regulations and prepared all the documents himself. For each transaction, Martin drafted a Statement of Adjustments, adding numbers in his head. Eventually he used a calculator, and then a software program. Then, he hired a law clerk and taught her how to do it.
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October 23, 2025
The case for in-person appearances
I am no fan of in-person discoveries or mediation, purely from a selfish perspective of my time. Virtual discovery and mediation allow us to be more efficient with our time and our clients’ money. While I am not advocating for a return to all discoveries and mediations being in person, there is no doubt that something is missing.
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October 23, 2025
Navigating the jurisdictional, legal complexities of B.C. cross-border estate disputes
In an increasingly global society, it is no longer uncommon for an individual to pass away owning property or financial assets or maintaining family ties across multiple countries. When a person’s estate spans multiple jurisdictions, the administration and distribution process quickly becomes fraught with complexity.
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October 22, 2025
Ontario, Manitoba, Saskatchewan to host Access to Justice Week 2025
Three provinces are holding the 10th annual National Access to Justice Week later this month. Ontario, Manitoba and Saskatchewan are listed as hosing the event, which runs this year from Oct. 27 to 31 and is being quarterbacked by the Action Group on Access to Justice (TAG).
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October 20, 2025
Court allows cross-appeal in real estate incentives case
The British Columbia Court of Appeal has allowed a cross-appeal in a real estate investment case, agreeing with the respondent that the trial judge was wrong to strike out a clause that limited who could receive incentive payments.