Wills, Trusts & Estates
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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 22, 2025
John Israel Galambos rejoins Miller Thomson as tax partner
John Israel Galambos has returned to Miller Thomson’s Montreal office as a partner in the firm’s tax group, effective Oct. 20, 2025.
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October 22, 2025
Crossing the line: How Ontario courts decide if a will, power of attorney was forced
Every family has its dynamics — caring children, dominant personalities, financial dependence, and sometimes subtle power imbalances. When an elderly parent signs a will or power of attorney in such an environment, questions often arise: was this truly their decision or was their hand guided by someone else?
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October 21, 2025
CRA call centres often fail to deliver accurate, timely help, says auditor general
The Canada Revenue Agency’s (CRA) call centres, which are supposed to help individuals and businesses with their tax queries, frequently dispense inaccurate and/or incomplete information and make Canadians wait unacceptably long times to get it, according to the latest review by the auditor general of Canada.
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October 21, 2025
Parliamentary privilege, Indigenous sentencing, spoliation among highlights of SCC’s fall session
The Supreme Court of Canada’s busy and diverse fall session includes weighty constitutional, criminal and Aboriginal law appeals that have attracted the participation of dozens of interveners. By the time the top court’s fall session ends on Dec. 12, 2025, the court will have heard some 20 cases, split between civil and criminal appeals.
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October 20, 2025
Requesting medical assistance in dying in advance: Your decision
Over the last three decades the role of the estate planning lawyer has greatly expanded with the advent in the 1990s in Ontario of modern legislation dealing with substitute decision-making, including powers of attorney for property and for personal care.
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October 15, 2025
Removal, oversight and accountability of attorneys in Ontario
When a person loses the ability to manage their finances or personal care, a power of attorney can become a powerful tool. It allows someone — the attorney — to step into the grantor’s shoes and make critical decisions about their property, health and daily life. But with power comes responsibility, and sometimes, abuse.
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October 10, 2025
SCC clarifies when Quebec 10-year ‘extinctive prescription’ period reboots for collecting on judgments
The Supreme Court of Canada ruled 9-0 in a Quebec appeal that filing and serving a notice to seize property counts as a judicial application interrupting the 10-year deadline to collect payment on a judgment — thereby restarting for a further 10 years the “extinctive prescription” period (comparable to a limitation period in the common law provinces) that applies to rights resulting from most money judgments under art. 2924 of the Civil Code of Québec.
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October 09, 2025
The horrors of homemade wills: When good intentions go bad
It’s a story estate lawyers know all too well: someone decides to “save a few bucks” by writing their own will — only for the family to end up spending thousands in legal fees after their death. While homemade wills might seem like a simple solution, the reality is far more complicated. The law sets out strict requirements for how a will must be made, and even the smallest misstep can leave your loved ones in legal limbo.
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October 08, 2025
Fraser calls provinces’ demand to scrap Ottawa’s SCC arguments on notwithstanding clause ‘untenable’
Attorney General of Canada Sean Fraser has pushed back against the demands of five premiers that Ottawa should drop its novel arguments at the Supreme Court that there are substantive constraints on governments’ powers to invoke the Charter’s s. 33 “notwithstanding” clause — arguments that those five provinces contend “represent a complete disavowal of the constitutional bargain that brought the Charter into being” in 1982.