Canada: Family Law

When a testator's will contains errors that don't reflect their true intentions, Ontario courts can apply the legal doctrine of rectification to correct these mistakes. This remedy is available only in limited circumstances: clerical errors, misunderstood instructions, or failure to carry out the testator's directions, requiring strong extrinsic evidence to demonstrate what the deceased actually intended.

John and Jane each purchase a real property in Ontario in 2003, to which they take title in their names alone. John purchases a residential property for $2,000,000 (“John’s Property”) and Jane purchases a cottage property for $1,000,000 (“Jane’s Property”).

Section 151 of British Columbia's Wills, Estates and Succession Act (WESA) provides a legal mechanism for beneficiaries to pursue claims on behalf of an estate when executors refuse to act. This provision becomes particularly relevant in cases involving executor conflicts of interest, asset recovery disputes, or when legal action is necessary to preserve estate value. Understanding the statutory requirements and procedural complexities of section 151 applications is essential for protecting beneficiary righ

Grey divorce—separation after age 50—is becoming increasingly common in Canada, bringing complex legal and financial challenges that differ significantly from traditional divorces. With retirement savings, pension division, and long-term financial stability at stake, understanding your legal rights and options is crucial when navigating a late-life separation.

The Supreme Court of Canada has recognized a novel intentional tort of intimate partner violence, fundamentally changing how coercive and controlling conduct in relationships is addressed under Canadian law. This landmark decision introduces a pattern-based approach that extends beyond traditional assault and battery claims, creating significant implications for liability insurers navigating policy exclusions and coverage disputes. As this new tort evolves beyond family law contexts into workplace harassmen

On May 21, 2026, Clark Wilson LLP partnered with Genus Capital Management to present Dementia, Diminished Capacity & Family Planning, an educational webinar exploring the legal and practical considerations surrounding...

The Canadian government has proposed making the $10 million capital gains tax exemption for employee ownership trusts permanent in its Spring Economic Update 2026.

When siblings disagree about who should serve as power of attorney for a parent with dementia, each often claims the parent trusts only them. A mediator explores why family members in these disputes frequently overlook the most likely explanation: that Alzheimer's disease itself is causing the parent to make contradictory statements to different children.

An ever-increasing number of American lawyers are exploring relocation to Canada, seeking alternative career paths and legal residency abroad. What does it actually take to convert a U.S.