Guardianship: A Refresher

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Scotiatrust

Disputes relating to the guardianship of a person or of their property are relatively common in the world of estates and trusts litigation. To be clear, the appointment of a guardian is done through the court process and via a court order, whereas the appointment of an attorney for property or personal care is effected by the granting of that authority by one individual to another or to multiple persons…..

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Estate Litigation, Guardianship, Powers Of Attorney and Guardianship Disputes, Uncategorized

Dual Citizens, U.S. and Tax

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Dual U.S.-Canadian citizens residing in Canada may want to pay particular attention to the Exclusive Citizenship Act of 2025 (the “Act”); a proposed bill establishing that “citizens of the United States shall owe sole and exclusive allegiance to the United States […]”.[1] Under the proposed bill, dual citizens have one (1) year from the date of the enactment of the Act to submit a written renunciation of their foreign (e.g…..

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

Alzheimer’s Awareness – Cautious Optimism

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January is Alzheimer’s Awareness Month in Canada. With new advances in diagnosing and treating the disease, clinicians and researchers are cautiously optimistic that they are on the verge of breakthroughs in treating its causes and improving symptom management. At the same time, we are still seeing a rising epidemic of dementia in Canada, and caregivers and families continue to struggle under the burden. Two years ago, in an AAE blog,….

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Elder Management, Smart Ageing

A Pragmatic and Positive Approach Towards International Migration

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Today’s Blog was written by Rahul Sharma, Partner, Fasken LLP, Toronto This is a short blog post written on a cold morning in Toronto.  It is currently -12 degrees in Toronto (with a windchill factor of -21 degrees).  It is presently sunny and 26 degrees in the Cayman Islands.  On days like these, migration weighs heavily on some minds. I would like to thank Meera Raman of the Globe and….

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Tax Issues, US Taxes

Will Challenges: Meeting the Minimum Evidentiary Threshold

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In Ontario, a person who seeks to challenge the validity of a will is required to meet a “minimum evidentiary threshold.” This threshold exists to prevent estates from becoming embroiled in years of expensive litigation over the thinnest of allegations. The minimum evidentiary threshold was recently addressed in Cissek v Laszlo, 2025 ONSC 7264 (“Cissek”). In Cissek, the applicant sought to challenge the validity of the last will and testament….

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Uncategorized

Charities Law for Testators: Director Compensation

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Gwenyth Stadig, Partner, Amber LeBlanc, Articling Student, Upama Poudyal, Associate, Gowling WLG (Canada) LLP When a testator located in Ontario intends to create a charity through their will and fund it with estate assets, it is essential to understand Ontario’s rules regarding compensation of charity directors. Generally, directors of charities cannot receive remuneration, with limited exceptions and potential approval pathways. Estate-planning professionals should ensure the will, constating documents of the….

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Charitable Giving, Estate Donations
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