March 2026

Powers of Attorney – Can Conflict be Related to a Gender Imbalance?

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A colleague recently mentioned that he and his siblings were shocked when his mom suffered a stroke without warning. One minute, she was an active 70-year-old in good health, and the next, he and his siblings were suddenly responsible for her care and finances. His mother had signed Power of Attorney (POA) documents, but the enactment of those directions and the unequal representation of the siblings started a long list….

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Elder Management, Power of Attorney, Smart Ageing

When Capacity Crosses Borders: Ontario Gives Effect to a Foreign Guardianship Order

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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 Canada may be recognized and enforced in Ontario under common law principles, even where the resealing provisions of Ontario’s Substitute….

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Guardianship

The Court’s Authority under the Parens Patriae Jurisdiction

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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 such example is the parens patriae jurisdiction, which is founded on necessity and the need to act for the protection of those….

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Uncategorized

The Stages of an Estate Administration – Part 2

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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” is complete, it’s time to move on to stage two – dealing with the assets and gathering information. This includes….

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Estate Administration

Charity or Parallel Foundation?

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[caption id="attachment_20034" align="aligncenter" width="300"] Detail of painting The End of Comedy by P. Alvarez, 2017[/caption] 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 its parallel foundation, as it….

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Philanthropy/Charitable Giving

Court saves Gift from Ademption

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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 three grandchildren and her two great-grandchildren (the “Grandchildren”). The Will states “that all land and buildings” of a commercial property’s….

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Wills
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