Recognizing And Understanding Undue Influence In Estate Planning

Canadian families with U.S. connections face unique estate planning challenges that require regular review. This comprehensive guide examines eight critical areas—from wills and powers of attorney to cross-border trusts and reporting obligations—that warrant attention before year-end, particularly when family circumstances, asset values, or residency status have changed.

Canadians who own US property, hold American investments, or have family members with US citizenship face a complex web of estate tax obligations spanning two countries. Without proper coordination, your heirs could face double taxation, frozen assets during lengthy Florida probate proceedings, or unexpected tax bills that consume a significant portion of their inheritance.

Ontario probate requires court certification, estate administration tax of up to 1.5%, and careful navigation of cross-border rules when US property is involved. Executors face strict timelines, fiduciary duties, and potential personal liability, while proper planning through multiple wills and beneficiary designations can significantly reduce both costs and delays.

A family trust settled by a parent after a child’s marriage would normally be considered a “gift after marriage,” excluded from equalization under Ontario’s Family Law Act. In Lang-Newlands v. Newlands, 2026 ONCA 530 [Lang-Newlands], the Ontario Court of Appeal (the “Court”) held otherwise. The Court found that because the trust’s value derived entirely from shares the beneficiary already owned at the date of marriage, her interest in the trust was not a gift, and she now faces a substantial equalization payment.

Many people may be surprised and pleased to learn that there is a new path to becoming a Canadian citizen. The Government of Canada passed Bill C-3, An Act to Amend the Citizenship Act (2025), on December 15, 2025. Before this legislation came into effect, Canadian citizenship by descent was limited to the first generation born outside Canada. For example, Emily was born or naturalized in Canada, and she could pass her citizenship to her child, Duncan, born outside of Canada.

The Supreme Court of Canada has established a groundbreaking new common law tort of Intimate Partner Violence, fundamentally changing how survivors can seek civil remedies for coercive and controlling behavior in intimate relationships. This landmark decision introduces a legal framework that recognizes patterns of abuse beyond traditional assault claims, focusing on the cumulative nature of coercive control that strips victims of their dignity, autonomy and equality. Courts across Canada are now beginning

With the rapid progress of artificial intelligence in the legal field, we often hear the same question arise again and again: will AI replace the need for estate planning lawyers?

Probate in British Columbia is the legal process that confirms a deceased person's will and authorizes the executor to administer the estate. While not every estate requires probate, it is often necessary when real estate or significant assets are involved.

Should you add your adult children to your property title to avoid probate in Ontario? This estate planning decision can have consequences beyond probate costs.

A family trust is a tax and estate planning tool widely used by family businesses in Canada. Among other things, it can be used to establish an estate freeze, facilitate the gradual transfer of wealth to the next generation, maintain a degree of control over family assets and, in some cases, provide better assets protection. Historically, family trusts have also been used in a variety of income-splitting strategies.

Ontario commercial truck drivers with less than two years of heavy-truck experience must now pass a practical road test administered by Quebec's SAAQ before transferring their licence to operate heavy vehicles in the province. This new requirement follows fatal collisions and an Ontario Auditor General audit that exposed significant gaps in training standards and provider oversight. Carriers operating across the border need to factor these requirements into workforce planning, recruitment timelines, and dis

Keeping up with employment law in Canada used to be a marathon. Now, it's a sprint. For employers in Québec, Ontario, and British Columbia, a significant volume of new legislation...

Ontario truck drivers with less than two years of commercial heavy vehicle experience must now pass a practical road test administered by Quebec's SAAQ before exchanging their license to drive commercial heavy vehicles in the province. This new requirement follows a series of collisions involving heavy trucks in Quebec and a May 2026 audit revealing significant gaps in Ontario's training standards and oversight of providers. Carriers operating across the Ontario-Quebec border must now factor these requireme

In OSSTF v Ontario,[1] the Ontario Labour Relations Board ("OLRB") offered helpful insight into the education sector's two-tiered collective bargaining regime.

Today, November 5, 2026, the Honourable François-Philippe Champagne, Minister of Finance, tabled a new federal budget (“Budget 2026”), setting out the Government of Canada’s spending promises and policy proposals for the next year and beyond.

On September 15, 2026 (“Announcement Day”), the Department of Finance released draft legislative proposals to implement the “Productivity Mega Deduction,” permanent 100% first-year (“immediate”) expensing for a wide range of new or used depreciable property and for Canadian development expenses (“CDE”)...

Last month, amendments to British Columbia's Environmental Management Act ("EMA") and Contaminated Sites Regulation ("CSR") came into force, altering how contaminated sites are identified in BC.

Bill C-12 has fundamentally transformed Canada's anti-money laundering framework by introducing penalties up to forty times higher than previous levels and expanding compliance obligations across the financial sector. The legislation now requires all reporting entities to enroll with FINTRAC and maintain "reasonably designed, risk-based and effective" compliance programs, while imposing cumulative maximum penalties that can reach 3% of global revenue.

Canada's federal government has proposed the Productivity Mega Deduction, offering permanent 100% first-year expensing for depreciable property and Canadian development expenses in the mining sector. How will this transformative tax measure reshape investment strategies and project economics for mining companies operating in Canada?

Foreign companies entering Canada often assume their existing privacy programs designed for GDPR or CCPA compliance can simply extend to Canadian operations, but Canada's legal requirements demand targeted modifications. This comprehensive guide examines Canada's private sector privacy legislation, breach reporting obligations, AI governance expectations, and anti-spam regulations that businesses must navigate before launching in the Canadian market.