Insights
Practical legal insights from the Aura LLP team — covering Ontario real estate, corporate law, and wills & estates.
Estate litigation in Ontario encompasses a broad range of legal disputes surrounding the administration of a deceased person’s wealth, will challenges, and dependent support claims. For executors, beneficiaries, and legal professionals navigating an estate, understanding the governing statutory framework and landmark judicial precedents is critical.
Read ArticleA will must strictly comply with statutory formalities to be validly probated. Under the Ontario Succession Law Reform Act (SLRA), a formal will requires the signature of the testator in the presence of two witnesses, who must also sign in the testator's presence. Self-drafted "DIY" wills or rushed execution procedures often lead to fatal flaws, such as beneficiaries acting as witnesses. Under Section 12 of the SLRA, if a witness (or their spouse) is also a beneficiary, any gift to that witness is generally void, creating unexpected partial intestacy.
Read ArticleIn a unanimous, groundbreaking decision, the Nova Scotia Court of Appeal ruled that tents legally constitute a "form of accommodation." This ruling overturned lower court findings, allowing unhoused individuals living in encampments to claim the enhanced provincial income and shelter supports usually reserved for traditional renters or homeowners.
Read ArticleCommercial real estate transactions in Ontario operate under a foundational common law principle: freedom of contract. Unlike residential leases governed by the rigid consumer protection of the Residential Tenancies Act, commercial leases are predominantly governed by the Commercial Tenancies Act and general contract law.
Read ArticleOne of the most important decisions in any daycare acquisition is whether to structure the transaction as an asset purchase or a share purchase. In an asset purchase, the buyer acquires the business assets while leaving the existing corporation behind. A share purchase, by contrast, allows the licence to remain in place because the corporation itself does not change.
Read ArticleThe primary dividing line between a regular trust and a bare trust comes down to the level of control and responsibility assigned to the trustee. In a standard, regular trust, the trustee holds active duties and real decision-making power.
Read ArticleEstate administrations frequently hit a costly and unexpected hurdle: the failure to dispose of the residue. When a residuary gift fails, or a residuary clause is completely left out of the will, it triggers a complex legal state known as a partial intestacy
Read ArticleWriting a will isn't an admission of defeat or a sign of old age; it is an act of adulthood and an act of kindness toward the people you leave behind.
Read ArticleClosing day can feel overwhelming, but with the right preparation and legal support, the process is straightforward. Here's what to expect when you close on a property in Ontario.
Read ArticleOne of the first decisions when starting a business is where to incorporate. Federal and Ontario provincial incorporation each have distinct advantages — here's how to choose.
Read ArticleMany Ontarians put off estate planning, not realizing the consequences of dying intestate. We break down why a will is essential and what happens without one.
Read ArticlePurchasing a newly built home involves a unique two-stage closing process. Understanding interim occupancy and final closing can save you from costly surprises.
Read ArticleA Power of Attorney allows someone to act on your behalf when you cannot. Learn the difference between property and personal care POAs and why both matter.
Read ArticleIf you're going into business with partners, a shareholders agreement is one of the most important documents you'll sign. Here's what it should cover.
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