Property

Total 147 Posts

Examining a Non-Party for Discovery: The Legal Test

• • 0 Comments

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….

Examining a Non-Party for Discovery: The Legal Test Continue Reading »

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

That Foreign Property Question

• • 0 Comments

Today’s Blog was written by Rahul Sharma, Partner, Fasken LLP, Toronto Many Canadians today have or are thinking of acquiring some form of foreign real estate.  For some, the property was inherited from parents or left behind in the “old country” following a relocation to Canada.  For others, the property is a vacation home or pied-à-terre in another place. A villa in France or a place on the beach in the….

That Foreign Property Question Continue Reading »

Estate Planning, Property, Real Estate, Tax Issues, Wills

Co-ownership Agreements: Another Tool in the Planner’s Toolkit

• • 0 Comments

I wrote last summer about the use of cottage trusts as a planning tool. As cottage season is upon us again, I thought I’d write about another useful tool in the planner’s toolkit, particularly where several members of a generation are likely to share ownership of a cottage property: the co-ownership agreement. While it’s important to consider the mechanics of transferring a family property to the next generation, it’s equally….

Co-ownership Agreements: Another Tool in the Planner’s Toolkit Continue Reading »

Cottage, Estate Planning, Property, Real Estate, Succession Planning, Trusts

Gifting Farmland, an Estate Strategy?

• • 0 Comments

Gifting property to the next generation is an estate strategy at its simplest form. For farming families, farm succession planning can often be complex considering the difficulties associated with “equalizing” a farmer’s estate between their children in circumstances where a child is actively involved in the farming business while the other is not. An equalization option that is sometimes considered by the farmer is to sever the farmland with the….

Gifting Farmland, an Estate Strategy? Continue Reading »

Farm, Property, Real Estate, Succession Planning, Tax Issues

Haddock v. Haddock: Interpreting a Cottage Bequest

• • 0 Comments

In Haddock v. Haddock (2025 ONSC 6287), the court was asked to interpret a clause in the deceased’s 2012 will dealing with a bequest of her cottage to one of her three surviving children. The deceased died in 2022, leaving her children as co-estate trustees. Her estate consisted primarily of the cottage and TD Bank investment accounts. The will provided a specific gift to the grandchildren, divided the residue equally….

Haddock v. Haddock: Interpreting a Cottage Bequest Continue Reading »

Estate Litigation, Property, Wills

Estate Planning and Rental Properties

• • 0 Comments

Over the last couple decades, many Canadians have invested in real estate, more specifically, in rental properties. As a result, their real estate holdings will constitute a substantial part of their estate therefore, their estate plan should consider how best to minimize capital gains on death and preserve their real estate investments for the next generation. Indeed, one should not overlook the tax implications involved on the death of an….

Estate Planning and Rental Properties Continue Reading »

Estate Administration, Estate Planning, Property, Real Estate, Tax Issues
Scroll to Top