Rogers v. Ferretti: Further Clarification on the Minimal Evidentiary Threshold

In a previous blog post, I discussed the importance of the minimal evidentiary threshold in will challenges. Notably, when document discovery is sought in a will challenge, the moving party must substantiate the release of a deceased person’s personal information, such as medical records and solicitors’ files. The minimal evidentiary threshold protects a deceased person’s privacy and deters disgruntled beneficiaries from commencing fishing expeditions into the deceased’s affairs simply because….

Rogers v. Ferretti: Further Clarification on the Minimal Evidentiary Threshold Continue Reading »

Uncategorized

The Caregiving Crisis at Work

A woman sits on a couch with her face in her hands, frustrated, sad, burned out.

Over the past decade, a caregiving crisis has been building in the workplace. Currently, 35% of the Canadian workforce or 8 million people, are struggling and juggling their work responsibilities with caregiving duties. It’s a perfect storm: a rapidly aging population living longer with more complex care needs and fewer family members to care for them. The stress of juggling caregiving and work responsibilities is leading to burnout, absenteeism, and….

The Caregiving Crisis at Work Continue Reading »

Elder Management, Smart Ageing

Finality Matters: Smith v. Bechtel in the Evolving Jurisprudence on Substantial Compliance

This blog was co-authored by Latoya Brown, Associate and Ciaran Sheahan, Student-at-Law at Fasken LLP Ontario courts have, in recent years, considered a growing number of cases addressing the scope of their curative jurisdiction under s. 21.1 of the Succession Law Reform Act (the “SLRA”), following the amendment empowering them to do so. These decisions continue to refine the doctrine of substantial compliance and to provide clarity on what constitutes….

Finality Matters: Smith v. Bechtel in the Evolving Jurisprudence on Substantial Compliance Continue Reading »

Charitable Giving, Contested wills, Estate Administration, Estate Litigation, Estate Planning, Succession Planning, Wills

Recent Notable Cases in Estates and Trusts Litigation, 2026

I recently spoke at the Estate Planners’ Council of Halton (EPCOH).  Below is a brief summary of recent and notable cases that Jonathon Vander Zee and I prepared for the EPCOH presentation.  It’s always good to keep up to date.  Enjoy! Cassan v. Giroux, 2026 ONSC 330 Moral obligations matter – the Court will strive to balance a person’s legal entitlement to support with the deceased’s testamentary intentions and moral….

Recent Notable Cases in Estates and Trusts Litigation, 2026 Continue Reading »

Estate Litigation, Trusts

Clarification from the Québec Court of Appeal on Access to Testamentary Documents and Notarial Professional Secrecy

This blog has been written by Frédéric Barriault, counsel, at Fasken LLP The decisions in Bigras (Succession de Lefrançois) c. Faille‑Lefrançois (2025 QCCA 481) and Contant c. Rivet (2025 QCCA 831) provide important clarification of Québec law regarding access to testamentary documents and the lifting of the notary’s professional secrecy in the context of challenges to the validity of a will. Both judgments build on prior jurisprudence, particularly Tanzer and….

Clarification from the Québec Court of Appeal on Access to Testamentary Documents and Notarial Professional Secrecy Continue Reading »

Contested wills, Estate Litigation, Testamentary Capacity, Undue influence

Getting Something Back from Charitable Giving

[caption id="attachment_22206" align="aligncenter" width="423"] Siemens MRI machine[/caption] The common law of charity defines a gift as property that is “freely given without consideration”. That is, a transfer without any expectation of getting something back. It’s an ideal for giving, which often gets tattered and torn in the real world. It has always been so. Medieval Indulgences Perhaps the most famous example of quid pro quo giving are indulgences. In 1517,….

Getting Something Back from Charitable Giving Continue Reading »

Philanthropy/Charitable Giving
Scroll to Top