Wills, Trusts & Estates
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August 20, 2025
WILLS - Variation
Appeal by Erich from order of the Supreme Court of British Columbia. Robert had four children, Kyle, Brian, Renee and Ronald. Brian and Renee predeceased Robert. Ronald was not a party to the appeal. Erich was Brian’s son. Robert and Erich had a strained relationship.
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August 19, 2025
Determining value for corporate beneficial ownership registers
Recently enacted legislation requires additional reporting of beneficial ownership for private company shares, including as regards shareholders that are trusts. In order to comply, one criterion to determine is whether an ownership interest has sufficient value to be reported, an area where the legal rules combine with business valuation principles to arrive at the correct reporting position.
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August 14, 2025
DEI dilemma: U.S. state bars grapple with DEI programs, language amid legal threats
State bar leaders across the U.S. are wrestling with whether to stand firm on their diversity, equity and inclusion (DEI) programs or quietly rework programs and language as they face rising political pressure and potential legal challenges.
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August 14, 2025
Understanding procrastination when it comes to estate planning
We all procrastinate by delaying or putting off tasks. Contrary to popular perception, it’s caused by fear or anxiety, or as a way to cope with unpleasant emotions, not laziness or indolence.
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August 13, 2025
Validation denied: Pour-over will clauses in Canada
Pour-over will clauses are a popular estate planning tool in the United States — when included in a will, they “pour” part of the estate, usually the residue, into an existing inter vivos trust. Despite their popularity south of the border, pour-over clauses are not recognized as valid in much of Canada.
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August 13, 2025
Frye estate ruling highlights risks in shareholder agreements
Shareholders’ agreements often include restrictions on the shareholder’s ability to transfer their shares without the approval of other shareholders. This is particularly common in the case of owner-managed and closely held corporations, where the shareholders are keen on preventing unwanted third parties from acquiring shares of the corporation. Shareholders’ agreements for these types of corporations therefore tend to limit the persons to whom, and circumstances under which, shares may be transferred.
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August 12, 2025
Ontario Court of Appeal upholds unlimited liability in 2020 Ukraine International Airlines disaster
In what one lawyer describes as a “turning point” for global aviation safety,” the Ontario Court of Appeal has upheld a trial judge’s finding that Ukraine International Airlines (UIA) was negligent in allowing Flight PS752 to depart Tehran on Jan. 8, 2020, confirming the airline faces unlimited liability under the 1999 Montreal Convention for the deaths of all 176 people on board when the aircraft was shot down by Iranian missiles.
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August 12, 2025
Yukon brings changes to help residents create ‘enduring’ powers of attorney
Yukon has brought into force legislative changes allowing residents to officially designate a power of attorney without having to hire a lawyer.
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August 11, 2025
‘The fight of our lifetime’: ABA president receives award for defending rule of law
“This is the fight of our lifetime,” said American Bar Association (ABA) president William Bay while receiving the Ontario Bar Association’s (OBA) President’s Award on behalf of American lawyers on Aug. 7. The award comes as the ABA has launched a lawsuit against the United States federal government for allegedly using its powers to coerce lawyers and law firms to abandon clients, causes and policy positions President Donald Trump opposes.
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August 08, 2025
Federal judges seek $60K pay hike but Ottawa says no raise needed to attract senior bar to bench
Chief justices are pointing to newly disclosed data about private bar lawyers’ rising incomes and declining appointments to the bench to bolster the judiciary’s contention that inadequate judicial compensation and onerous job demands are deterring “outstanding” lawyers from seeking federal judicial appointments.