Dust Off The Shareholders’ Agreement

• • 0 Comments

It is common to suggest shareholders enter into a shareholders’ agreement, where each shareholder assumes certain rights and obligations relating to the business of the corporation. The shareholders’ agreement typically includes provisions dealing with the management of the business and future transfers of shares upon death or other circumstances. Unfortunately, once the shareholders’ agreement is signed, it is often filed in the corporate minute book and never reviewed by the signatories. There….

Dust Off The Shareholders’ Agreement Continue Reading »

Business Succession Planning, Contracts, Estate Planning, Succession Planning

Testamentary Capacity Does Not Require Perfection: Brockbank v Parkinson

• • 0 Comments

Days before the February 2022 Russian invasion in Ukraine, Darcy Brockbank (“Darcy” or the “Estate”, respectively) travelled to Kiev. On February 25, 2022, Darcy died unexpectedly from a heart attack. He was survived by his mother, Josephine Brockbank (“Josephine”), and two brothers: Joel Brockbank (“Joel”) and Stuart Brockbank (“Stuart”). On May 24, 2023, Joel received a certificate of appointment of estate trustee without a will. Approximately one year later, the….

Testamentary Capacity Does Not Require Perfection: Brockbank v Parkinson Continue Reading »

Capacity Law, Contested wills, Testamentary Capacity

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

• • 2 Comments

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….

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

Elder Management, Power of Attorney, Smart Ageing

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

• • 0 Comments

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….

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

Guardianship

The Court’s Authority under the Parens Patriae Jurisdiction

• • 0 Comments

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….

The Court’s Authority under the Parens Patriae Jurisdiction Continue Reading »

Uncategorized

The Stages of an Estate Administration – Part 2

• • 3 Comments

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….

The Stages of an Estate Administration – Part 2 Continue Reading »

Estate Administration
Scroll to Top