Ontario Court of Appeal

The Substance Rule: Lang-Newlands v Newlands

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This blog has been written by Darren Lund, Partner at Fasken LLP I previously blogged about the trial level decision Newlands: A New Interpretation of Estate Freezes in the Family Courts? and a subsequent motion Newlands Revisited: Moving to the Appeal in Lang-Newlands v. Newlands, a family law case that dealt extensively with equalization claims in the context of intergenerational wealth planning involving multiple estate freeze transactions. The Ontario Court of Appeal….

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Family Conflict, Separation, Succession Planning, Trusts, Uncategorized

The Court of Appeal Considers if an Application for Retroactive Support can be brought against an Estate

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In Blacklock v. Tkacz, the Ontario Court of Appeal confirmed that pursuant to section 17 of the Divorce Act, an application cannot be brought to claim or vary a child support order against a deceased’s payor’s estate if the original support order does not explicitly bind the payor’s estate. The Appellant was the ex-wife of the deceased. The parties had divorced in the late 1970s and a divorce order granted in 1978…..

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Estate Litigation
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