When should courts invoke public policy to interfere with testamentary freedom? The Ontario Court of Appeal (“ONCA”) recently revisited this question in Spence v BMO Trust Company, 2016 ONCA 196...
Nothing riles a family up more than a good ‘ol contested probate of will. This is especially true if there are millions to be had. This month, the Court of...
One of the criticisms laid against Ontario’s family law and succession law statutes is that they do not make allowance for people living in non-traditional relationships. The law provides a...
Last month, in Spence v BMO Trust Company, 2015 ONSC 615 [Spence], the Ontario Superior Court of Justice set aside a will for being contrary to public policy, as the testator’s motivation...
The tangled case of Nishi v. Rascal Trucking Ltd., 2013 SCC 33, is a classic example of the complicated conflicts that can occur when people mix business dealings with personal...
In the late 1990s, the New Westminster diocese (“territory”) of the Anglican Church of Canada (“ACC”) convened a synod (“council”) in order to consider the question of whether clergy ought...
