Wills, Trusts & Estates
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May 05, 2025
Federation of Ontario Law Associations urging pause to current civil rules reform process
The organization representing Ontario’s county and district law associations is calling on Attorney General Doug Downey to hit the pause button on efforts to overhaul the province’s civil rules.
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May 01, 2025
Lawson Lundell welcomes Tim H.R. Brown as partner
Lawson Lundell has announced that Tim H.R. Brown has joined the firm as a partner and co-lead of its estate and wealth advisory group.
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May 01, 2025
Donor-advised funds: Advantages for philanthropy
Charitable giving is a very personal choice. There are many reasons and ways to give, including which charity will benefit, the purpose and objective of the gift, the source of the gift, the timing of the gift, and even the vehicle to carry out the gift. Every philanthropist is unique and will have an individual way of giving. This article will look at one method of giving: donor-advised funds.
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April 30, 2025
Estate law involving older adults: Strategies and advice
Dealing with a file that involves older adults requires a lawyer to navigate a difficult and thorny path filled with dangerous obstacles, adversity and hardship.
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April 29, 2025
Close relationship: A novel approach to rebutting presumption of resulting trust
It is well-established in Canada that equity presumes bargains, not gifts. The Supreme Court of Canada’s seminal decision in Pecore v. Pecore, 2007 SCC 17 confirms that this principle even extends to gratuitous property transfers from parents to their own adult children.
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April 28, 2025
TRUSTS - Creation - Presumed resulting trusts
Appeal by appellant Diane Wilkinson from chambers judge’s order dismissing her trust claims as statute barred under Limitation Act.
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April 25, 2025
SCC rules CRTC has no jurisdiction to decide 5G access disputes between telecoms and municipalities
In a decision that addresses the role of so-called “dynamic” statutory interpretation in cases where technology has evolved or other circumstances have changed significantly since a law was enacted, the Supreme Court of Canada has affirmed 7-2 that the CRTC does not have jurisdiction to adjudicate disputes between telecom carriers and public authorities that have refused to allow the telcos to deploy 5G small cell antennas on public property.
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April 23, 2025
Call rights in shareholders’ agreements: Navigating the anti-deprivation rule
The shareholders’ agreement governs the relationship among a corporation’s shareholders. It often establishes the rules governing the exit of a shareholder — for instance, by way of call right provisions upon the occurrence of certain triggering events.
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April 17, 2025
Personal autonomy: The right to decide when making controversial gifts
In our aging society where many of us live well into our nineties, often with diminished capacity, the issue of autonomy to make gifts is of increasing importance.
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April 15, 2025
New CBA course aims to aid legal professionals in serving trans clients
During one of the most hostile periods in recent history for trans rights, the Canadian Bar Association has launched an online course to help legal professionals better serve trans people.