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- Pour-Over Clauses in Ontario Estate Planning: Key Risks and Considerations
The courts in both Ontario and British Columbia have determined that Wills containing a pour-over clause directing assets into a revocable or amendable trust are invalid. This is a critical consideration in estate planning, particularly for cross-border clients. The inclusion of an improper clause o … Read more »
- Ontario Court of Appeal Reaffirms Broad Protection Under Anti-SLAPP Legislation
The Ontario Court of Appeal’s decision in Sheridan Retail Inc. v Roy reinforces the breadth and strength of Ontario’s anti-SLAPP framework and serves as a reminder that attempts to recast claims to avoid dismissal under section 137.1 of the Courts of Justice Act will face careful scrutiny. Backgroun … Read more »
- Should an Arbitration Award Be Enforced if the Rules Have Changed?
Overview When parties agree to arbitrate, they expect both the process and the outcome to reflect their bargain. Certainty of process is one of the reasons that parties agree to arbitrate. In InFrontier AF LP v. Rahmani, 2026 ONCA 289, the Ontario Court of Appeal considered whether a foreign arbitra … Read more »
- Equity and Commercial Leases: Equity Cannot Rewrite a Lease
Background COVID-19 devastated Canadian retail. Forced closures and lockdowns reduced sales for many retailers to a fraction of pre-pandemic levels. Hudson’s Bay Company ULC (“HBC”), once Canada’s oldest company and anchor tenant at Hillcrest Mall in Richmond Hill, Ontario, had paid rent in full an … Read more »
- Equity and Commercial Leases: Can Equity Cure a Technical Default?
In the Ontario Superior Court decision 8750297 Canada Inc. v. Ambassador Realty Inc., 2025 ONSC 5479, Justice Doyle granted relief from forfeiture to a commercial tenant who missed his written renewal deadline, exercising equitable jurisdiction under the Commercial Tenancies Act and the Courts of Ju … Read more »