Trusts

Yared v Karam: Equality in Family Patrimony Triumphs

S.A. v Metro Vancouver Housing Corp : “Henson Trusts” in the Context of Rent Subsidies

The Supreme Court of Canada (“SCC”) addressed the issue of “Henson trusts” for the first time ever this January in S.A. v Metro Vancouver Housing Corp, 2019 SCC 4 [Metro Vancouver]. A Henson trust (named after the decision in Ontario (Director of Income Maintenance, Minister of Community & Social Services) v. Henson,  1987 CarswellOnt 654, [1987] O.J. No. […]

Sexism, Homophobia & Racism: Reasonable Limitations on Testamentary Freedom

Testamentary freedom is a foundational principle of estate planning. Individuals are allowed to decide how to devise their assets with minimal state interference. However, testamentary freedom has several key limitations. One notable way to curb this otherwise unhindered freedom is striking down clauses in a will that violate public policy. Last week in Royal Trust […]