This blog has been written by Pritika Deepak, Associate at Fasken LLP. My peer, Robin Ellis, and I recently spoke at the Ontario Bar Association on the topic of important considerations when drafting powers of attorney (“POAs”) in Ontario. Preparing for this presentation was an excellent exercise as it served…
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Justice David M. Brown recently released a paper entitled, “THE FIVE HABITS OF HIGHLY EFFECTIVE AND ACCESSIBLE CIVIL COURTS: TRANSPARENCY; PERSPICACITY; CREATIVITY; SIMPLICITY; AND ACCOUNTABILITY – Reflections at the end of a judicial career”. The paper summaries the key lessons Justice Brown has learned throughout his career on the Bench….
This blog post was written by Mohena Singh, Associate at Fasken LLP. When preparing your estate plan, an important distinction must be made between what you direct your trustees to do with your estate assets and what you wish for them to do. In the case of Landry v. Christiansen-Hasset…
The court has an inherent jurisdiction to refuse an appointment of an estate trustee even where the application is unopposed. This inherent jurisdiction was affirmed by the Ontario Court of Appeal in James Estate (Re), 2024 ONCA 623, when it upheld the lower court’s decision to refuse an application for…
Here’s a charity trade secret. One of the best products in a fundraiser’s toolkit is “donor recognition”, in particular naming a piece of real estate. Recognition is effective in inspiring donors, and for some, but not all, an important part of charitable giving. However, donor recognition sometimes produces a backlash…
In estate litigation, especially in cases where the litigation has been prolonged for an extended period of time and the file has accumulated hours upon hours of manpower, costs can be (and often are) a contentious issue between the parties. There are a few different ways in which costs may…
*This blog post was written by Ruth Paul, articling student at de VRIES LITIGATION LLP* With over 80% of Canadian households subscribing to at least one streaming service, internet-based streaming platforms are becoming the preferred way to consume video media. The variety of content and the on-demand nature of streaming…
This blog has been written by Karen La Caprara, Counsel at Fasken LLP. It can be easy as a will-drafting lawyer or clerk to approach drafting a will in the same manner as drafting a commercial contract. Like a commercial contract, it is critical that a will does what it…
*This blog post was written by Ruth Paul, articling student at de VRIES LITIGATION LLP* Testamentary freedom is a guiding principle in Canadian estates law. It operates under the presumption that individuals are free to dispose of their estate however they see fit. However, testamentary freedom is not an absolute…
Today’s blog post was written by Latoya Brown, an Associate at Fasken LLP. The discussion of discriminatory wills continues with a new case out of the British Columbia Supreme Court. In Lam v Law Estate, 2024 BCSC 156, the court varied a testatrix’s will on the reasoning that the testatrix’s…