Wills, Trusts & Estates
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August 13, 2025
Validation denied: Pour-over will clauses in Canada
Pour-over will clauses are a popular estate planning tool in the United States — when included in a will, they “pour” part of the estate, usually the residue, into an existing inter vivos trust. Despite their popularity south of the border, pour-over clauses are not recognized as valid in much of Canada.
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August 13, 2025
Frye estate ruling highlights risks in shareholder agreements
Shareholders’ agreements often include restrictions on the shareholder’s ability to transfer their shares without the approval of other shareholders. This is particularly common in the case of owner-managed and closely held corporations, where the shareholders are keen on preventing unwanted third parties from acquiring shares of the corporation. Shareholders’ agreements for these types of corporations therefore tend to limit the persons to whom, and circumstances under which, shares may be transferred.
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August 12, 2025
Ontario Court of Appeal upholds unlimited liability in 2020 Ukraine International Airlines disaster
In what one lawyer describes as a “turning point” for global aviation safety,” the Ontario Court of Appeal has upheld a trial judge’s finding that Ukraine International Airlines (UIA) was negligent in allowing Flight PS752 to depart Tehran on Jan. 8, 2020, confirming the airline faces unlimited liability under the 1999 Montreal Convention for the deaths of all 176 people on board when the aircraft was shot down by Iranian missiles.
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August 12, 2025
Yukon brings changes to help residents create ‘enduring’ powers of attorney
Yukon has brought into force legislative changes allowing residents to officially designate a power of attorney without having to hire a lawyer.
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August 11, 2025
‘The fight of our lifetime’: ABA president receives award for defending rule of law
“This is the fight of our lifetime,” said American Bar Association (ABA) president William Bay while receiving the Ontario Bar Association’s (OBA) President’s Award on behalf of American lawyers on Aug. 7. The award comes as the ABA has launched a lawsuit against the United States federal government for allegedly using its powers to coerce lawyers and law firms to abandon clients, causes and policy positions President Donald Trump opposes.
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August 08, 2025
Federal judges seek $60K pay hike but Ottawa says no raise needed to attract senior bar to bench
Chief justices are pointing to newly disclosed data about private bar lawyers’ rising incomes and declining appointments to the bench to bolster the judiciary’s contention that inadequate judicial compensation and onerous job demands are deterring “outstanding” lawyers from seeking federal judicial appointments.
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August 08, 2025
New N.S. AI guidebook warns of over-reliance in legal practices
Nova Scotia’s law society is using a new guidebook to warn members against becoming over-reliant on artificial intelligence in their practices — and urging them to heed instances where lawyers ended up in hot water over its misuse.
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August 08, 2025
CJC issues expression of concern over Federal Court judge’s failure to disclose workplace probe
The Canadian Judicial Council (CJC) has issued a public expression of concern regarding Federal Court Justice Negar Azmudeh for failing to disclose an ongoing workplace harassment investigation during her judicial application process.
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August 05, 2025
Ontario Superior Court judge receives reprimand for 14-month delay in correcting sentencing error
A review panel of the Canadian Judicial Council (CJC) has issued a public reprimand to Justice Andrew J. Goodman of the Ontario Superior Court of Justice for his failure to promptly correct a significant sentencing error, concluding that his 14-month delay in addressing the mistake constituted “injudicious conduct” that undermined public confidence in the administration of justice.
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August 07, 2025
Ontario court awards $291K to estate in promissory notes case, rejects corporate veil claim
In a decision offering guidance on multiple legal issues, an Ontario Superior Court judge has awarded summary judgment of nearly $291,000 to the estate of a deceased lender in a case involving two unpaid promissory notes, while rejecting attempts to hold a corporate executive personally liable for the debts.