May 2026

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

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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….

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

Recent Notable Cases in Estates and Trusts Litigation, 2026

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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….

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Estate Litigation, Trusts

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

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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….

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Contested wills, Estate Litigation, Testamentary Capacity, Undue influence

Getting Something Back from Charitable Giving

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[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,….

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Philanthropy/Charitable Giving

Equity Over Formality: Oral Property Agreement Enforceable Despite Statute of Frauds

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The recent Ontario decision in Jeffrey v. Jeffrey (2026 ONSC 1959) highlights the circumstances in which a court may enforce an oral agreement concerning property despite the requirements of the Statute of Frauds. The case involved elderly parents who transferred title to their Niagara-on-the-Lake home to their son pursuant to an oral arrangement. In exchange for transferring legal title and a significant amount of equity in the property, the son….

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Uncategorized

Navigating Tax Dual-Residency: Treaty Tie-Breakers

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A sepia-toned scene photographed from above shows a magnifying glass, some photographs, a camera and lens, and an open notebook with a pencil laid across it. A pair of glasses lie in front of the notebook.

Written by Eric Hendry, Associate, Gowling WLG (Canada) LLP What happens when the domestic tax rules of two different countries look at the same person and both conclude that the individual is a tax resident? Navigating situations of “dual tax residency” is becoming increasingly common for estate planners and their clients. Whether for business, family, or lifestyle reasons, more and more Canadians seem to be putting down roots in more….

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Tax Issues
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