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Wills, Trusts & Estates

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Wednesday, December 19, 2018 @ 2:48 PM

Access to Justice: Next year a big one for Action Committee | Thomas Cromwell and Beverley McLachlin

There are big transitions occurring at the Action Committee on Access to Justice in Civil and Family Matters. Former chief justice Beverley McLachlin has this month assumed the chair of the committee which she had convened a decade ago. ... [read more]

Wednesday, December 12, 2018 @ 8:57 AM

Privileged yet powerless beneficiary spouse of a family trust

Picture this: your client is one of two beneficiaries of a $10 million discretionary family trust set up by his maternal grandfather. The trustees are your client’s parents. A trust company manages the money through an investment account. ... [read more]

Tuesday, December 11, 2018 @ 8:36 AM

PROCEEDINGS - Evidence - Production of documents

Appeal by the Co-Executor of the Archibald Estate from refusal of documentary production. ... [read more]

Friday, December 07, 2018 @ 5:02 PM - Last Updated: Tuesday, December 11, 2018 @ 3:00 PM

SCC rules shareholders can’t sue for third-party harms to corporation absent ‘distinct’ obligation, ‘direct’ injury Caroline Biron

The Supreme Court has ended a $55 million damages suit for loss of shareholder value brought by the trustees of a Quebec trust against the lawyers and accountants they allege gave faulty tax advice that bankrupted the companies whose shares the trust owns. ... [read more]

Friday, December 07, 2018 @ 10:20 AM

Undue influence and testamentary fraud: Both sides of the coin oldparent_will_sm

Where a parent has changed their will late in life to benefit one sibling over others there can often be resentment leading to allegations of impropriety by the disappointed beneficiaries. ... [read more]

Wednesday, December 05, 2018 @ 2:23 PM

Toronto virtual law firm expands practice areas

ClearWay Law has expanded its family and immigration law firm to include wills, estates and commercial law, CEO Alistair Vigier announced on Dec. 4. ... [read more]

Wednesday, December 05, 2018 @ 11:38 AM - Last Updated: Wednesday, December 05, 2018 @ 5:22 PM

Ex-SCC judge who co-wrote Dunsmuir weighs in as counsel as top court revisits Dunsmuir’s standard of review

Ex-Supreme Court of Canada Justice Michel Bastarache’s participation as a counsel in three appeals the top court is using to revisit one of his most famous judgments, Dunsmuir v. New Brunswick, has renewed debate about what ex-judges can do when they return to legal practice. ... [read more]

Wednesday, December 05, 2018 @ 10:46 AM

Trumped up taxes or legal loopholes trump_tower_sm

The New York Times published an account of how Fred C. Trump, father of President Donald Trump, built his dynasty and disputes the claim about a self-made man who got started with a US$1 million loan from his father. ... [read more]

Tuesday, December 04, 2018 @ 10:25 AM

Intestacy and common law spouses: What you need to know dead_spouse_sm

This article sets out one of many potential issues when one passes away intestate (without a will). ... [read more]

Monday, December 03, 2018 @ 12:48 PM

McInnes Cooper partner appointed to Canadian Tax Foundation board

McInnes Cooper announced that partner Jeff Blucher was recently appointed to the board of governors at the Canadian Tax Foundation. ... [read more]