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Wills, Trusts & Estates


Friday, January 03, 2020 @ 6:48 AM

Alberta estate litigation pilot aims to resolve cases before positions become ‘entrenched and hardened’

The Alberta Court of Queen’s Bench has launched a pilot project intended to facilitate early resolution of litigation in estate matters. The estate litigation early intervention pilot project, which was announced in November, will involve a one-hour case conference available to individuals who have filed a statement of claim after Dec. 31, 2019. ... [read more]

Friday, December 20, 2019 @ 10:41 AM

Standard of review post-Dunsmuir: Reasonable or incorrect? | Heather MacIvor

In spring 2018 the Supreme Court of Canada signalled a seismic change in its jurisprudence on administrative law. It granted leave to hear three appeals — two of which were later merged into one — and invited submissions on the standard of review. The appeals were heard in December 2018, and the decisions finally issued on Dec. 19, 2019, (Canada (Minister of Citizenship and Immigration) v. Vavilov 2019 SCC 65, and Bell Canada v. Canada (Attorney General) 2019 SCC 66). ... [read more]

Thursday, December 19, 2019 @ 2:37 PM - Last Updated: Friday, December 20, 2019 @ 11:06 AM

SCC rewrites standard of review framework for administrative law in landmark trilogy Aubin Calvert

In a bid to enhance clarity, predictability and access to justice in a muddled area of law that impacts many Canadians, seven of nine judges of the Supreme Court of Canada have collaborated to devise a new standard of review framework which emphasizes that courts should presumptively exercise deference when overseeing administrative decision makers, while also retaining “limited” scope for correctness review. ... [read more]

Wednesday, December 18, 2019 @ 8:43 AM

Death, consent and human reproductive material sperm_frozen_sm

In the recent case of L.T. v. The Estate of D.T. 2019 BCSC 2130, the Supreme Court of British Columbia ruled that a woman (Mrs. T) could not remove and store the sperm of her husband (Mr. T), who died suddenly and without a will, in order to create an embryo for reproductive use. The court considered novel arguments with respect to statutory interpretation and consent, as well as the critical need for clear and explicit planning with respect to genetic material. ... [read more]

Monday, December 16, 2019 @ 8:45 AM

Digital asset deep dive: How e-mail affects client’s estate digital_lightbulb_sm

From an estate planning and estate administration perspective, a client’s e-mail is a digital asset and is part of their estate and estate plan. ... [read more]

Friday, December 13, 2019 @ 11:40 AM

Agency seeks input on Manitoba’s lack of laws on unclaimed property

The Manitoba Law Reform Commission is seeking feedback on whether the province should adopt legislation to deal with unclaimed bonds, securities, insurance and other forms of intangible personal property left abandoned, forgotten or intestate. ... [read more]

Thursday, December 12, 2019 @ 2:20 PM

SCC rules property purchased by trust included in Quebec’s family patrimony Malcolm Rowe sm

The Supreme Court of Canada has ruled 5-2 that a home purchased by trust should be included in the family patrimony under the Civil Code of Quebec (CCQ), which means the property will be equally divided upon dissolution of the marriage. The issue unique to Quebec was brought before the Supreme Court in Yared v. Karam 2019 SCC 62, in a decision released Dec. 12. ... [read more]

Thursday, December 12, 2019 @ 1:44 PM

Ontario amending death registration regulations

The Ontario government announced on Dec. 11 that it is amending the death registration process to ease the burden for families when faced with registering the death of a loved one in the absence of their remains. The regulatory amendment was announced earlier this week when Attorney General Doug Downey introduced the Smarter and Stronger Justice Act. ... [read more]

Wednesday, December 11, 2019 @ 2:17 PM

Dying in Canada when owning a U.S. individual retirement account U.S. dollar nest eggs

A large number of Canadians who used to work in the United States retire owning a U.S. individual retirement account (IRA). But what if they pass away with an IRA? ... [read more]

Tuesday, December 10, 2019 @ 11:57 AM

Downey stresses modernization in unveiling reforms to legal aid, law society legislation Doug Downey sm

Bill 161, the Smarter and Stronger Justice Act, introduced by Attorney General Doug Downey on Dec. 9, proposes amendments to over 20 Acts and, if passed, will impact the legal regulator, Legal Aid Ontario (LAO), class actions and how lawyers practise in different areas across the province. ... [read more]