One of the most interesting and challenging aspects of working in the trusts and estates field is how different the rules can be, not just internationally, but within our national borders. For example, this week I was chatting with my Quebec colleagues about Bill 56 – An Act respecting family…
Today’s blog was written by Jessica Butler, Law Clerk at Fasken LLP. Last weekend my husband and I settled in for a typical Sunday night at home – cozy on the couch with a good Netflix documentary. We decided to watch “Bob Ross: Happy Accidents, Betrayal and Greed”. What I…
Artificial intelligence seems to be all the rage. However, even with all of the technological advances and shortcuts which may now be available, counsel has an overriding and fundamental duty to not mislead the Court. Justice Myers’ recent decision in Ko v. Li, 2025 ONSC 2766 forcefully affirms this principle,…
Kira Domratchev, Partner, Gowling WLG (Canada) LLP Many of us are familiar with the concept of a Henson Trust, as it comes across our desks fairly frequently, both in the context of litigation and planning. A Henson Trust is a trust where the trustee is given an absolute and unfettered…
The determination of decision-making incapacity is time, task, and situation specific, and can be quite complex. This complexity is in part caused by a lack of reliability and standardization when it comes to determining capacity. In turn, this lack of reliability and standardization is caused by, among other things: biased…
Today’s blog was written by Courtney Lanthier, Law Clerk at Fasken LLP. In recent years, I have noticed an increase in the younger generations (specifically my millennial generation) opting to have pets instead of children. This shift can be seen as a result of many economic factors and has ultimately…
This blog post was written by Hannah Zip, Estate and Trust Consultant, Scotiatrust Toronto People over the age of 65 accounted for 19% of the Canadian population in 2023, according to Statistics Canada. This diverse and growing group of individuals commonly encounters ageism, one of the remaining socially accepted “isms”….
Two weeks ago, I posted Part I of this series. This blog is the second edition, as promised, and will detail 3 more recently released decisions that have had a lasting impact in the estate litigation and planning worlds. Salmon v. Rombough, 2024 ONSC 1186 This decisions applies the (fairly)…
The benefits of joint property ownership as an estate and probate planning strategy are well known; property vests to the surviving owner(s) on death thus, bypassing the estate and avoiding probate fees. In the right circumstances, joint ownership works great and facilitates the succession of the property. However, what may…
This week, many of us will be preparing for Mother’s Day and thinking about how we might honour our mothers or grandmothers and those who are a mothering figure. What do mothers consider the best present? Many will say that the best gift is the gift of time. Mothers with…