Focus On

Wills, Trusts & Estates


Friday, August 30, 2019 @ 9:20 AM

Terror in the courts | Lawrence David

The concept of “terror” is not one commonly associated with civil litigation. “Terror” and “terrorism” instead overwhelmingly arise in the context of national security prosecutions, refugee status determinations and the listing of terrorist entities under Part II.1 of the Criminal Code. Still, many civil litigators are or may quickly become familiar with another form of “terror in the courts” — namely, the in terrorem doctrine. ... [read more]

Friday, August 30, 2019 @ 8:45 AM

Lawyer’s duty to the court and the high cost of its breach legal_punishment_sm

Beyond zealous advocacy for his or her client, a lawyer’s duty extends beyond his or her duty to the client. In Ontario, a lawyer must adhere to the Rules of Professional Conduct, which proscribes and describes lawyers conduct. This includes a lawyer’s duty to the court. ... [read more]

Thursday, August 29, 2019 @ 9:03 AM

In Ontario, not everyone can challenge a will stop_yield_sm

Often a will is challenged by named beneficiaries who believe they are entitled to more, or by those excluded from the will altogether. It is possible for a will to be challenged, in certain circumstances, by dependants of a deceased. Dependant’s relief claims involve a different analysis and are not subject to the commentary below. ... [read more]

Wednesday, August 28, 2019 @ 1:13 PM

Do law firms need big digital marketing programs? | Kim McLaughlin

If I had a dollar for every lawyer who said, “Kim, I don’t need a big digital marketing program,” I would own an island. ... [read more]

Wednesday, August 28, 2019 @ 8:36 AM

Estate planners: Getting ready for the digital age digital_esate_sm

What do estate planning lawyers need in readiness for estate planning in a digital world? It boils down to understanding three new realities that fundamentally impact both estate planning and estate administration. ... [read more]

Tuesday, August 27, 2019 @ 8:37 AM


Appeal by an estate from the Registrar’s decision refusing to accept its proposed inventory for filing. ... [read more]

Monday, August 26, 2019 @ 1:35 PM

Powers of attorney and advanced care planning: Health care consent power_of_attorney_sm

Our last five articles in this series reviewed important legal issues relating to powers of attorney for personal care. This sixth article reviews the importance of having a substitute decision maker and the role of health care consent. ... [read more]

Thursday, August 22, 2019 @ 8:28 AM

New Brunswick appeal probates will without signature: Lessons for Ontario signature_will_sm

Justice Stephen McNally of the New Brunswick Court of Queen’s Bench was the judge presiding over the litigation involving the estate of Jean Agnes MacDonald Marsden (Marsden Estate (Re), [2017] N.B.J. No. 295). The testator was an older woman with five children. Two of the children had little to do with her for over 20 years. She never bothered dealing with her will until she was admitted to a hospital at the last stages of lung cancer. ... [read more]

Tuesday, August 20, 2019 @ 9:35 AM

Powers of attorney and advanced care planning: Substitute decision making power_of_attorney_sm

Our last four articles in this series reviewed important legal issues relating to powers of attorney for personal care. This fifth article reviews the importance of having a substitute decision maker and what happens if you do not appoint one in a power of attorney. ... [read more]

Wednesday, August 14, 2019 @ 9:25 AM

Critical privacy update for charities and not-for-profits charity_information_sm

As many charities and not-for-profits (NFPs) across Canada are in control of a great deal of personal information, particularly relating to donors, employees, clients and volunteers, it’s important to be mindful of privacy law developments. The following is a brief overview of select privacy issues that could have implications for charities and NFPs. ... [read more]