Family Conflict

Total 264 Posts

Examining a Non-Party for Discovery: The Legal Test

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In an action, examinations for discovery typically involve the parties to the proceeding being examined by counsel. However, there may also be other people who are not parties to the proceeding that have knowledge or information that is relevant to the issues in dispute. Where a party seeks to examine for discovery someone like that, the Court may grant leave for them to do so under certain circumstances. This is….

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Estate Litigation, Family Conflict, Joint Tenancy, Property, Trusts

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

Estate Freezes and Calculation of Net Family Property: Lang-Newlands v. Newlands

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Last week the Ontario Court of Appeal released its decision in Lang-Newlands v. Newlands, 2026 ONCA 530 (“Newlands”). (Previously, Darren Lund blogged twice for All About Estates on the lower court decision and its potential impact on estate freezes. See here for Darren Lund’s blog posted on July 4, 2025). The decisions of the ONCA in Newlands and of the lower court are important for estate and tax planning, family….

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Family Conflict, Separation, Spouse

When is a Family Trust a Family Asset in a Divorce in Ontario?

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Scotiatrust

This blog post was written by: Holly LeValliant, Estate and Trust Consultant, Scotiatrust Toronto   Family Trusts and the Family Law Act Family trusts are popular tools for estate planning, asset protection, and intergenerational wealth transfer in Ontario.  However, during a divorce, they can become contentious:  is the trust an asset that is subject to an equalization between the spouses?  Can the assets in the trust be used to determine….

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Courts, Family Conflict, Trusts

Key Findings Relating to the Exercise of Trustee Discretion

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A view over an old stone fence into a cemetary, framed by an abundance of trees in full leaf.

The recent case of Karrow v. Boghosian, 2026 ONSC 2425 (CanLII) is a detailed decision which warrants a thorough review. This blog will focus on the key takeaways from the case, which focussed on the duties of trustees in exercising discretion in administrating a testamentary trust. The applicant estate trustees brought an application to pass their accounts. The respondent Jordan Boghosian (“Jordan”) raised objections to the accounts and maintained that….

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Estate Administration, Estate Administration and Probate Applications, Estate Litigation, Executors, Family Conflict, Passing Of Trustees’ and Executors’ Accounts, Trustee, Trustee Disputes, Trusts, Uncategorized

What Makes You a ‘Child’ in an Estate? A BC Case and the Ontario Contrast

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This blog was written by Jessica J. Butler, Law Clerk at Fasken LLP  A recent British Columbia decision[1] has revisited a deceptively simple question in estate law: what does it mean to be a “child” of a deceased person?[2] The case involved a claim brought by a woman against the estate of the deceased under section 60 of British Columbia’s Wills, Estates and Succession Act (“WESA”). These claims are commonly….

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Dependant Support, Estate Litigation, Family Conflict, Uncategorized
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