A recent decision of the Ontario Superior Court serves as a reminder that a moral obligation does not necessarily translate into a legal one. In McNeill v. Phillips, 2025 ONSC 5779, the Court struck a claim that sought to impose a duty of care where none existed in law. The…
November is Make a Will Month, an annual initiative designed to raise awareness about the importance of having a Will. A Will is one of the most critical legal documents you can have, as it ensures that your wishes are respected and your loved ones are provided for after your…
This blog post was written by: Melissa Plunkett, Director, Scotiatrust On Friday, September 26, 2025, when CTV news published their story “Daughter hit with $660,000 tax bill when both parents died in the same year”, I was inundated with texts and DMs from friends and family asking me if this could…
The multi-faceted Rule 7 of the Ontario Rules of Civil Procedure often comes into play in estate litigation. Generally, in estates cases, the Rule may be engaged when there is a settlement impacting a person under disability (i.e. a minor, an absentee within the meaning of the Absentees Act, or…
Ashley Thornton, articling student and Maddi Thomas, associate of Gowling WLG (Canada) LLP Choosing your executor (also called an estate trustee in Ontario) is one of the most consequential decisions you will make in the estate planning process. It’s not – or shouldn’t be – about rank in the family,…
When planning ahead, most older people will say they want to stay in their own home until the end of life. While this may be their goal, the reality is that care needs can escalate rapidly and become more complex, requiring specialized caregivers. Depending on the resources available to pay…
The addition of a common-law partner as a joint owner of a bank account with a right of survivorship may give rise to initial uncertainty as to whether the arrangement constitutes a gift. While such a designation may appear to be a gratuitous transfer, the presumption of advancement does not…
Fine art is an asset class of growing importance among the affluent and is beginning to be a significant part of select estate plans. A recent estimate pegged the international art market at US$57.5 billion in 2024 (a 12% decline from 2023) and Canada has seen some record prices at…
At least once in your life you’ll need a doctor, a lawyer and a preacher. But every day, three times a day, you need a farmer (Brenda Schoepp). Farming plays a pivotal role in our economy as it fulfills our basic daily necessities and it is in everyone’s interest that our…
As we head into Thanksgiving weekend, I am sharing a guest post written by my son. Earlier this year, he and his partner celebrated a beautiful wedding surrounded by family and friends. Like many life milestones, it prompted some important conversations about their future together, including what would happen if…