Wills, Trusts & Estates
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May 22, 2025
Testamentary capacity: Principles and practice
In the majority of cases, determining whether a prospective client has testamentary capacity is not as simple as discerning between midnight and noon; rather, it is like determining the precise moment at which twilight turns to dark. This article considers some of the issues on point.
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May 21, 2025
Drafting a will for an Indigenous client who lives on a reserve
Any time a lawyer undertakes to prepare a client’s will, it is imperative to obtain salient information about the client and their estate. The information required to prepare an effective will is often more complex and nuanced than simply obtaining a list of the client’s assets and confirming how they are to be distributed.
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May 16, 2025
Federal Court extends deadlines for immigration JRs due to surging cases, inadequate gov’t funding
Contending with far too many immigration cases for its tight budget, the Federal Court this week extended by 45 days its regulation 30-day deadlines for litigants to perfect their applications for leave and judicial review of immigration decisions (ALJRs). Why? Because the registry’s beleaguered staff simply can’t keep up, and now often needs weeks rather than days to intake and process the ALJRs — which have more than quadrupled the average volume the court experienced over the five years immediately preceding the 2020 COVID-19 pandemic.
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May 14, 2025
Which laws govern: An interprovincial perspective
Do you have assets, prospective beneficiaries or other connections to foreign countries? Then you have cross-border or multijurisdictional considerations in your estate planning or administration.
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May 14, 2025
Quebec Superior Court orders amendments to Civil Code to recognize multi-parent families
In a landmark decision that redefines the legal framework for parenthood in Quebec, Superior Court has given the provincial government 12 months to amend the Civil Code to introduce a new system of filiation that would make it possible to legally recognize more than two parents for the same child.
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May 14, 2025
EXECUTORS AND ADMINISTRATORS - Removal and suspension
Appeal by appellants from an order refusing appellants’ leave to proceed with an action and dismissing application to remove Catherine as executrix of deceased’s estate.
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May 13, 2025
New Carney Liberal Cabinet puts many lawyers on front benches in critical federal leadership roles
Lawyers who were key Cabinet members in Justin Trudeau's erstwhile minority Liberal government have assumed dominant roles in Prime Minister Mark Carney's new 29-member Liberal Cabinet.
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May 09, 2025
LSO announces three candidates for treasurer
The Law Society of Ontario has announced that three candidates — Murray Klippenstein, Stephen Rotstein and incumbent Peter Wardle — have been nominated for the role of treasurer, with the election set for June 18.
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May 08, 2025
Ontario court sets aside undervalued pre-bankruptcy property interest transfer
The Ontario Superior Court has voided a pre-bankruptcy property transfer between related parties as a “transfer at undervalue,” rejecting the recipient’s claim to a constructive trust over the transferor’s interest in the property.
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May 08, 2025
RSS welcomes Talia Ecityan
Talia Ecityan has joined Robinson Sheppard Shapiro LLP (RSS)’s team of notaries.