This blog post was written by Mohena Singh, Associate at Fasken LLP. Cross-border capacity and guardianship issues are becoming increasingly common as families, assets, and caregiving arrangements span jurisdictions. In Abitbol v. Abitbol, 2026 ONSC 1636, the Ontario Superior Court of Justice confirmed that a foreign guardianship order issued outside…
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…
Today’s blog was written by Courtney Lanthier, Law Clerk at Fasken. In my previous blog, I discussed the initial steps to take when someone passes away, including obtaining essential details about the deceased, determining whether a Will exists and preparing a summary of the Will contents. Once this “background information”…
Recently, I received a note from a colleague who sits on the board of a social service charity as a volunteer. This charity has an older, long-time donor who has named the charity in her will. The problem is the charity prefers to have the estate donation to go to…
In a recent Alberta case, the court considered whether a gift of a commercial property should adeem as the testator did not personally own the property. The testator left a valid September 26, 2017 last will and testament. In her Will, she gifts a commercial property equally to her…
Yash Chavda, Articling Student, Gowling WLG (Canada) LLP A career in professional sports can be incredibly lucrative, but those earnings are typically concentrated into a short window, with most athletes reaching their peak earning years in their twenties and early thirties. During this period, athletes may sign major contracts, secure…
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…
This blog post was written by: Ophely Karam, Estate and Trust Consultant, Scotiatrust Montreal There are many ways to complicate your loved ones’ lives after your death. Dying intestate in Québec when you have minor children is one of the most efficient. From the outside, legal devolution under the…
On October 20, 2025, a single judge of the Court of Appeal for Ontario made an Order requiring an appellant to post security for costs of her appeal in the amount of $50,000. On March 5, 2026, the appellant brought a motion under s.7(5) of the Court of Justice Act, asking a panel of…
Successful entrepreneurs often view the family business as the crown jewel to their legacy for the next generation(s). As such, succession planning for the family business and preserving the family’s wealth is always a top priority and often encompasses tax and estate planning. Implementing a succession plan that will ensure…