Wills, Trusts & Estates

  • November 20, 2024

    Ontario charitable corporations: Payments to directors, connected persons

    Directors of charitable corporations operating in Ontario are subject to strict requirements to act without personal benefit — meaning they cannot be paid for serving as directors or for other services unless authorized by court order or pursuant to Ontario Regulation 4/01 under the Charities Accounting Act (the Regulation).

  • November 19, 2024

    Public has low confidence in criminal courts; believes politics influences SCC appointments: poll

    If public confidence is a litmus test for the health of the justice system, a new national poll suggests Canada’s courts have room to improve.

  • November 18, 2024

    Why digital legacy planning should now be part of every estate plan

    We’ve all seen the Facebook profiles of departed friends that appear on our timelines, floating by like digital zombies. Although social media platforms like Facebook have introduced procedures such as memorialization and legacy contact to manage the accounts of deceased or incapacitated users, many remain in cyber-limbo due to a lack of a proactive digital legacy plan, as any estate planning lawyer will tell you.

  • November 15, 2024

    AI in the courtroom: Canadian Judicial Council’s new guidelines

    With the rapid advancement of artificial intelligence (AI) technology, Canadian courts are under increasing pressure to address its impact. While some view AI as a possible threat to the rule of law and democracy within Canada’s justice system, AI also holds promise for enhancing court operations, reducing workloads, supporting judicial functions and improving access to justice.

  • November 14, 2024

    Removal of untranslated English decisions on website won’t end novel lawsuit against SCC: plaintiff

    The Supreme Court of Canada’s removal of thousands of pre-1970 (mostly unilingual-English) judgments from its website won’t end an unprecedented Federal Court lawsuit that aims to compel the top court’s registry to fix alleged violations of the Official Languages Act by translating the court’s unilingual decisions into the other official language, says the plaintiff language rights group Droits collectifs Québec.

  • November 14, 2024

    Limitation applicable to constructive trust and unjust enrichment claims

    The decision in Ingram v. Kulynych Estate, 2024 ONCA 678 (Ingram), by the Ontario Court of Appeal addressed whether the 10-year limitation period under s. 4 of the Real Property Limitations Act R.S.O. 1990, c. L.15 (RPLA) applies to the respondent, Kathleen Ingram’s, constructive trust and unjust enrichment claim against Henry Kulynych’s estate rather than the two-year period under s. 38(3) of the Trustee Act, R.S.O. 1990, c. T.23 (Trustee Act).

  • November 11, 2024

    Estate freezes and resulting litigation issues

    In my recent article “Estate freezes: An icebreaker,” I discussed how an estate freeze can be used to “lock in” the value of a family business’ shares at a given point in time and pass on the growth of that business to the business owner’s children. I briefly touched on some of the potential pitfalls that can complicate the execution and maintenance of an estate freeze. One of these complications — and the source of much of the litigation surrounding estate freezes — is the availability of the oppression remedy to the company’s shareholders.  

  • November 08, 2024

    SCC elaborates on framework, scope for judicial review of regs and other subordinate legislation

    The Supreme Court of Canada has ruled 9-0 that the Vavilov “reasonableness” standard for judicial review — informed by some of the Katz Group principles — presumptively applies when courts review whether subordinate legislation is authorized by law.

  • November 08, 2024

    Lerners welcomes 6 new associates in London

    Recent news releases from Lerners LLP announced the addition of Greg Woodward, Kevin Wilbee, Emily Woods, Orion Boverhof, Megan Linaric and Daniele Sing as associates in the firm’s London offices.

  • November 07, 2024

    Consent judgments should be analyzed according to principles of contractual interpretation: court

    Ontario’s top court has ruled on the correct analytical approach to the interpretation of a consent judgment — an issue it had not weighed in on previously.