Wills, Trusts & Estates
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October 10, 2024
Treatment of trusts in equalization claims
Calculation of an equalization claim under the Family Law Act first requires the value of an individual spouse’s Net Family Property (NFP). Where a spouse is a beneficiary of a trust, there are two key questions to consider while calculating NFP:
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October 09, 2024
Personal injury lawyers ask SCC not to make it harder for clients to sue foreign defendants
When can people injured abroad sue in Canadian courts? Does the presumption of innocence apply in non-criminal settings? When a miscarriage of justice occurs, what is the scope of an appeal court’s power to acquit when setting aside a guilty plea? These are some of the questions raised by appeals slated for the Supreme Court of Canada’s new fall session as counsel began making their arguments this week in a court building with stepped-up exterior security features, such as an imposing barricade of large cement planters.
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October 08, 2024
A new parental union regime
More than 11 years ago, the Supreme Court of Canada in Québec (Attorney General) v. A, 2013 SCC 5, (commonly referred to as Éric v. Lola) marked a decisive turning point in the recognition (or lack thereof) of the rights of de facto spouses in Quebec. In pursuit of this endeavour, on March 27, 2024, Bill 56 (the bill) was tabled in the Quebec National Assembly, making way for a new legal framework for unmarried couples under Quebec legislation.
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October 08, 2024
The cost of access to justice
In Ontario, the rising cost of accessing the justice system is paid in two ways: time and money. So just how bad is it? And what are creative lawyers and judges doing to address the issue?
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October 08, 2024
Reliance on artificial intelligence: Could it stymie the growth of law?
Regardless of one’s personal view of the topic, it is undeniable that artificial intelligence (AI) will impact the future of law, as it will much of the rest of society.
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October 08, 2024
Appeal decision: 10-year limitation period doesn’t apply to trust claims against estates
The Ontario Court of Appeal’s recent decision in Ingram v. Kulynych Estate, 2024 ONCA 678 settles a debate that has been brewing for several years in Ontario as to which limitation period applies to estate litigation involving real property. It is now clear that equitable trust claims against an estate are subject to the Trustee Act, R.S.O. 1990, c. T.23 and the two-year limitation period in ss. 38(3), unless specifically exempted.
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October 07, 2024
Copyright infringement relating to the photographs of Vivian Maier
A decision of the Federal Court raises interesting issues relating to a claim for copyright infringement. The claim concerned photographs taken by the late Vivian Maier, an unknown photographer during her lifetime but whose works acquired fame posthumously (Maier Estate v. Bulger, 2024 FC 1267).
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October 03, 2024
SCC judges to visit 5 cities, pick law student contest winner in 2025 as top court marks 150 years
The Supreme Court of Canada is giving ambitious law students a rare opportunity to impress its nine judges.
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October 03, 2024
Miller Thomson expands private client services practice with new counsel, associate
A recent news release from Miller Thomson LLP announced the addition of counsel Jane Martin and associate Baira Oldvurova to the firm’s private client services practice.
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October 02, 2024
Fiduciaries: Their roles and responsibilities in estate law
It’s important to consider who will be the key decision-makers on death and incapacity when updating your estate plan. Understanding these roles can help you prepare better for your future and make informed decisions about your property and personal care. This post highlights the responsibilities of fiduciaries in the estate and incapacity planning context.