Examining a Non-Party for Discovery: The Legal Test

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In an action, examinations for discovery typically involve the parties to the proceeding being examined by counsel. However, there may also be other people who are not parties to the proceeding that have knowledge or information that is relevant to the issues in dispute. Where a party seeks to examine for discovery someone like that, the Court may grant leave for them to do so under certain circumstances. This is….

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Estate Litigation, Family Conflict, Joint Tenancy, Property, Trusts

The End of the Delinquent FBAR Safe Harbour: What U.S. Persons and Advisers Need to Know

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On June 30th, 2026, the Internal Revenue Service (“IRS”) removed its “Delinquent FBAR Submission Procedures,” representing a significant development for U.S. persons with foreign financial accounts who have failed to file the required Reports of Foreign Bank and Financial Accounts (commonly referred to as “FBAR”). While the statutory framework governing FBAR filing obligations and penalties remains unchanged, the removal of this administrative procedure creates greater uncertainty for taxpayers seeking to….

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Canadian and US Tax Treaty, International, IRS, Tax Issues, U.S. Citizen, United States, US Taxes

Court Approval of Settlements Impacting Persons Under Disability

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Minors and incapable persons are protected in a variety of ways in Ontario’s court system. One form of protection comes through Rule 7.08 of Ontario’s Rules of Civil Procedure (the “Rules”). In particular, Rule 7.08(1) provides: “No settlement of a claim made by or against a person under disability, whether or not a proceeding has been commenced in respect of the claim, is binding on the person without the approval….

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Uncategorized

Every Transition Needs a Plan

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a healthcare provider is talking with a elderly patient about discharge planning at the entrance of a hallway

In the article Lifestyle Changes Bring Increased Risk to Older Clients, Part 1, there is a scenario about a couple in their nineties with no children. Each had named the other as Attorney for Property, and neither had signed a Power of Attorney for Personal Care. Their financial advisor learned that he was the emergency contact when a hospital social worker telephoned him about a discharge plan already being deployed…..

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Elder Management, Power of Attorney, Smart Ageing

The Substance Rule: Lang-Newlands v Newlands

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This blog has been written by Darren Lund, Partner at Fasken LLP I previously blogged about the trial level decision Newlands: A New Interpretation of Estate Freezes in the Family Courts? and a subsequent motion Newlands Revisited: Moving to the Appeal in Lang-Newlands v. Newlands, a family law case that dealt extensively with equalization claims in the context of intergenerational wealth planning involving multiple estate freeze transactions. The Ontario Court of Appeal….

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Family Conflict, Separation, Succession Planning, Trusts, Uncategorized

The Great Wealth Transfer Is Female: Why Estate Planning Professionals Must Adapt

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Scotiatrust

This blog post was written by: Jo-Anne Stark, Practice Lead, Scotiatrust Western Region   Reports indicate that by 2028, women in Canada will control nearly $4 trillion in assets.[1] In just the past decade, that figure will have doubled. The implications for estate planning professionals are profound. The most significant wealth transfer in Canadian history is already underway as assets pass from one generation to the next and surviving spouses….

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Estate Planning, Succession Planning
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