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But We Had a Deal – Overview of the Law on Motions to Enforce a Settlement

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Generally, many of the estate litigation cases we see settle before the hearing of the application or before the matter proceeds to trial. However, quite often, minutes of settlement are not executed at the time an agreement is reached. Indeed, cases are sometimes resolved late in the evening or there is an agreement in principle or signed settlement terms, with a formal agreement to follow. While parties may be able….

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Contracts, Estate Litigation, Family Conflict, Uncategorized

COTTRELL A MUST-READ FOR VALUING THE INTEREST OF A BENEFICIARY IN A DISCRETIONARY TRUST

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This blog has been written by Darren Lund, a partner at Fasken LLP In Ontario, trust law and family law have for some time taken very different approaches to valuing the interest of a beneficiary in a discretionary family trust. For trust lawyers, a beneficiary’s interest in a discretionary family trust is a “mere expectancy”. Beneficiaries who are part of the class of discretionary beneficiaries have a right to be….

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Estate Planning, Family Conflict, Property, Separation, Trusts, Uncategorized

When Philanthropy Offends

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Rueben Wells Leonard was an early Canadian tycoon straight out of central casting. He was a pioneering philanthropist whose views created controversy in life and after death.  His story is a key part of Canadian philanthropic history, and it contains some relevant lessons for today. The Man Born in 1861 and trained as a civil engineer, Rueben Wells Leonard struck it rich in 1904 after finding a massive silver deposit….

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Philanthropy/Charitable Giving, Uncategorized

When will the Court Pass Over an Estate Trustee?

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In the recent case of Sassano v. Iozzo, 2024 ONSC 1517, the Court reviewed the applicable legal principles regarding passing over an estate trustee, and found that in the circumstances of the case, it was appropriate to pass over one of the named co-estate trustees. In this case, the applicant sought, among other relief, the removal of the respondent, her sister, as an estate trustee of their mother’s estate. Their….

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Hot Topics with Gentlemen in their 80s

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Recently, I returned for my fourth annual presentation to a group of older gentlemen about planning for the last decade of life. With more than fifty in the audience each year, the participants are a good cross-section of men in their 80s. They are a lively, well-informed group of retired and semi-retired men who share insights and advice on what they want and need for smart ageing. As one person….

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Elder Care, Elder Management, Estate Planning, Funeral Planning, Medical Assistance in Dying, Smart Ageing, Uncategorized

Is This a Bare Trust?

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Andrew Coates, Associate, Gowling WLG (Canada) LLP Today was supposed to be the due date for untold numbers of T3 returns and Schedule 15s for trusts known as “bare” trusts in existence on December 30, 2023. Not only was it going to be the first year that the Canada Revenue Agency (the “CRA”) required bare trusts to report their existence through the filing of a T3 return, but also the….

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Canada Revenue Agency, Estate Planning, Joint Tenancy, Tax Issues, Trusts, Uncategorized
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