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The Court’s Authority under the Parens Patriae Jurisdiction

A court’s authority to make certain orders or decisions is not always founded in legislation or established case law. In the right circumstances, the court may find its authority from its inherent jurisdiction to do certain things, such as preventing abuse of process, controlling procedure, or protecting vulnerable parties. One such example is the parens patriae jurisdiction, which is founded on necessity and the need to act for the protection of those….

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What Makes You a ‘Child’ in an Estate? A BC Case and the Ontario Contrast

This blog was written by Jessica J. Butler, Law Clerk at Fasken LLP  A recent British Columbia decision[1] has revisited a deceptively simple question in estate law: what does it mean to be a “child” of a deceased person?[2] The case involved a claim brought by a woman against the estate of the deceased under section 60 of British Columbia’s Wills, Estates and Succession Act (“WESA”). These claims are commonly….

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Dependant Support, Estate Litigation, Family Conflict, Uncategorized

Long Term Care Today – Insights on Safety, Staffing, and Well-being

Seniors have breakfast together. They are served by a man in health care scrubs.

Few Canadians have forgotten the devastating impact of the COVID-19 pandemic on residents and staff in the long-term care sector. With our aging population, significant pressures continue to mount on an already stressed system, where staffing shortages and outdated facilities persist, along with rising numbers of people requiring more complex care. The Canadian Institute for Health Information (CIHI) reported there were about 2,076 long-term care homes with an estimated 198,000….

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Elder Management, Uncategorized

BC Court of Appeal Clarifies Vesting of Residuary Gifts

A recent decision of the British Columbia Court of Appeal in Lewis v. Jack, 2026 BCCA 18, provides helpful guidance on will interpretation. The case focused on whether the testator’s gifts to his children vested at the time of his death or later, when the residue of the estate was distributed. The Court’s analysis reinforces the strength of the presumption of early vesting and serves as a reminder that testamentary….

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Challenges in Evaluating Capacity to Manage Property with Mild Cognitive Impairment

Section 6 of the Ontario Substitute Decisions Act (SDA) sets out: “A person is incapable of managing property if the person is not able to understand information that is relevant to making a decision in the management of his or her property, or is not able to appreciate the reasonably foreseeable consequences of a decision or lack of decision.” In F.L. v. Oliver, 2024 ONSC 478 the Ontario Superior Court….

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The OG Protest Button

In 1787, Josiah Wedgwood, the British ceramics manufacturer, created an anti-slavery medallion in its classical, low-relief house style.  This medallion is the OG protest button, and it was circulated free to abolitionist societies to be pinned to clothing of reformers. It starts a trend that has influenced the world of protest, politics and charity ever since. Industrialist and nonconformist Josiah Wedgwood (1730-1795) was your quintessential entrepreneur.  Growing up in the….

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Philanthropy/Charitable Giving, Uncategorized
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