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Insights on Consulting a Person with Significant Diminished Capacity – Part 2

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Two women in a retirement home in front of a window, drinking iced tea and eating pound cake. One is the adult daughter of the other woman.

Consulting a person who has significant diminished capacity can be very difficult for both the consultant and the individual. In Part One of this article, we explored a case in which a client with moderately severe dementia gave one answer to a simple question posed by a family member in the morning and the opposite answer to another family member that same afternoon, sparking heated conflict among the siblings. This….

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Elder Management, Smart Ageing, Uncategorized

Key Findings Relating to the Exercise of Trustee Discretion

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A view over an old stone fence into a cemetary, framed by an abundance of trees in full leaf.

The recent case of Karrow v. Boghosian, 2026 ONSC 2425 (CanLII) is a detailed decision which warrants a thorough review. This blog will focus on the key takeaways from the case, which focussed on the duties of trustees in exercising discretion in administrating a testamentary trust. The applicant estate trustees brought an application to pass their accounts. The respondent Jordan Boghosian (“Jordan”) raised objections to the accounts and maintained that….

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Estate Administration, Estate Administration and Probate Applications, Estate Litigation, Executors, Family Conflict, Passing Of Trustees’ and Executors’ Accounts, Trustee, Trustee Disputes, Trusts, Uncategorized

Introducing the Refreshed All About Estates Website

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After 15 years of collaboration and 2,700 contributions, we have refreshed the All About Estates website to better reflect the platform’s scale, longevity, and ongoing use, and to ensure its presentation aligns with the experience and credibility of the collaborative community behind it. Supporting a Growing Body of Work Over the past 15 years, All About Estates has grown into a substantial professional resource, with more than 2,700 blog posts….

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The Court’s Authority under the Parens Patriae Jurisdiction

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A court’s authority to make certain orders or decisions is not always founded in legislation or established case law. In the right circumstances, the court may find its authority from its inherent jurisdiction to do certain things, such as preventing abuse of process, controlling procedure, or protecting vulnerable parties. One such example is the parens patriae jurisdiction, which is founded on necessity and the need to act for the protection of those….

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What Makes You a ‘Child’ in an Estate? A BC Case and the Ontario Contrast

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This blog was written by Jessica J. Butler, Law Clerk at Fasken LLP  A recent British Columbia decision[1] has revisited a deceptively simple question in estate law: what does it mean to be a “child” of a deceased person?[2] The case involved a claim brought by a woman against the estate of the deceased under section 60 of British Columbia’s Wills, Estates and Succession Act (“WESA”). These claims are commonly….

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Dependant Support, Estate Litigation, Family Conflict, Uncategorized

Long Term Care Today – Insights on Safety, Staffing, and Well-being

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Seniors have breakfast together. They are served by a man in health care scrubs.

Few Canadians have forgotten the devastating impact of the COVID-19 pandemic on residents and staff in the long-term care sector. With our aging population, significant pressures continue to mount on an already stressed system, where staffing shortages and outdated facilities persist, along with rising numbers of people requiring more complex care. The Canadian Institute for Health Information (CIHI) reported there were about 2,076 long-term care homes with an estimated 198,000….

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Elder Management, Uncategorized
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