Wills, Trusts & Estates
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October 17, 2024
The succession rights of unborn children: Children conceived posthumously
With the advancement of technology and new reproductive systems, sperm, eggs and embryos can all be frozen and used later in life. More and more people are now availing of these technologies to be able to conceive later. This would mean assisted reproductive technology can be used to conceive children after a person has passed. Therefore, in addition to posthumous birth, now there are also scenarios involving posthumous conception.
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October 15, 2024
OSFI: Pension plan solvency ratios, share of fully funded pension plans up in 2023-24
The share of underfunded pension plans in Canada at the end of 2023 fell to 11 per cent from 17 per cent in 2022 as the average solvency position of pension plans improved for a third consecutive year, according to the annual report of the Office of the Superintendent of Financial Institutions (OSFI).
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October 11, 2024
SCC sheds new light on corporate attribution rules, applies them for first time to bankruptcy cases
The Supreme Court of Canada has for the first time applied the common law corporate attribution doctrine in the bankruptcy and insolvency context while also instructing that the corporate attribution rules are not rigid and must be adapted in varied legal contexts to “purposively, contextually and pragmatically” give effect to the policy goals of the law under which a party seeks to attribute to a corporation the actions, knowledge, state of mind or intent of its directing mind.
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October 10, 2024
OSC proposes enhancing retail investors’ access to long-term illiquid assets
The Ontario Securities Commission (OSC) is seeking public comment on a proposal to permit retail investors to gain exposure to long-term illiquid assets through a new investment fund category.
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October 10, 2024
Canadian Judicial Council rolls out new advisory guidelines for federal judges on their social media use
“Proceed with caution” might sum up, in a nutshell, the latest official advice for judges on their use of social media.
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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.