September 2025

Part I: Taxation of Trusts in Canada – A Broad Overview

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This blog has been written by Pritika Deepak, Associate at Fasken LLP. Trusts play a significant role in wealth management and tax and estate planning. This blog post is not intended to supplant the important role played by the various and excellent texts written and published on the taxation of trusts.  Rather, this blog post skims the surface of some important points to consider when dealing with trust taxation. Trusts….

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Estate Planning, Trusts

Supporting Loved Ones With Dementia: The Peace of Mind a POA Provides

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Scotiatrust

This blog post was written by: Dave Madan, Senior Manager, Scotiatrust Dementia is not just a medical diagnosis; it’s a family story that unfolds over years. Canada’s numbers are climbing—projections suggest more than 1.7 million Canadians could be living with dementia by 2050. That’s a lot of spouses, adult children, and friends carrying new responsibilities—and often facing urgent decisions. The simplest way to bring calm to those moments is to….

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Estate Planning, Power of Attorney, Powers Of Attorney and Guardianship Disputes

Court Interprets Will’s Residue Clause

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In a recent case, the court was asked to interpret the residue clause of the Deceased’s Will. The Deceased passed away in 2016. In her 1997 Will, she named her daughter as the sole executor and residuary beneficiary. However, both her daughter and alternate estate trustee predeceased her. The Will directed that, in the event her daughter predeceased her, the residue of the estate would be divided among the Deceased’s five siblings…..

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Estate Litigation

In What Circumstances Can an Attorney for Personal Care Restrict Visitors from Visiting an Incapacitated Person in a Long-Term Care Home?

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Adult daughter and her mother drinking tea and chatting

Anna Chen, Associate, Gowling WLG (Canada) LLP This was the question addressed in the recent decision Orr v Orr, 2025 ONSC 4986. In Orr, 82-year-old William Orr (“Bill”) was diagnosed with advanced Alzheimer’s Disease and moved into a secure ward at McCormick Home, an accredited long-term care home in London, Ontario.  His capacity to manage personal care was put into dispute in the application.  The applicant was Bill’s wife Gwen….

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Caregiving, Elder Care, Elder Law, Geriatric Care Management, Healthcare, Power of Attorney

Estate Planning and Rental Properties

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Over the last couple decades, many Canadians have invested in real estate, more specifically, in rental properties. As a result, their real estate holdings will constitute a substantial part of their estate therefore, their estate plan should consider how best to minimize capital gains on death and preserve their real estate investments for the next generation. Indeed, one should not overlook the tax implications involved on the death of an….

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Estate Administration, Estate Planning, Property, Real Estate, Tax Issues

Smart Ageing and Vision Health

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We are in the midst of a longevity revolution. And we could easily live another 30 or 40 years after retiring from full-time employment. Do you have a plan for smart ageing? Have you considered what quality of life means to you? Just like cognition, mobility, and hearing, vision is a critical ability factor as we move through life. As we age, it’s important to reassess these ability factors regularly…..

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Healthcare, Smart Ageing
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