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Partner Noble Francis Allen discusses the legal effect of continuing guaranties, with a sampling of how courts in a variety of jurisdictions might address several issues. Explore the implications: https://bit.ly/4eDW5Cd

When your common-law relationship ends, it can be hard to navigate what property you may be entitled to. While common-law relationships are treated differently than marriages under Ontario Law, it is still possible to claim assets you shared with a partner when your relationship ends. Click here for more information: https://lnkd.in/g-gi42xM

In the recent case of Nilsson v Cynberg, the High Court has provided significant clarity on the interpretation of “subsequent agreement” in the context of express declarations of trust. The court ruled that informal agreements can override an express declaration of trust. This landmark decision broadens the scope for individuals to establish beneficial interests in co-owned properties without formal written agreements. The Nilsson v Cynberg case highlights the evolving nature of property law and the importance of considering both formal and informal agreements in property ownership disputes. Deborah Cain and Emily Thurgood from our Private Wealth Disputes team discuss the case further. https://lnkd.in/e2Kfr3ng #LegalUpdate #Trusts #HighCourtDecision

The Minnesota Supreme Court's decision in In the Matter of the Otto Bremer Trust, A22-0906 (Minn. 2024), reminds trustees that cumulative small breaches can support removal when they amount to a 'serious breach of trust.' In interpreting Minnesota’s statute, the court looked to the UTC for guidance and concluded that repeated governance lapses collectively met the threshold. OBT illustrates how courts may draw on UTC principles when applying state law, offering fiduciaries an important reminder of the need for consistent governance.

Does a Settlement Agreement Constitute a Credit Agreement? In a recent legal dispute, the court's ruling brought to the forefront a perplexing issue that has long plagued the legal landscape: the classification of settlement agreements under the National Credit Act (NCA). Read our blog: https://lnkd.in/ePEtBNbz

Law360 breaks down the biggest trials and decisions from the commercial and competition courts in the first half of the year. https://lnkd.in/eCff-rbz

In a landmark ruling, the Ontario Superior Court has validated a notebook as the legal will of the deceased, illustrating the evolving nature of testamentary documentation under the Succession Law Reform Act. This decision underscores the court’s readiness to adapt to non-traditional forms of wills that clearly express a person's final wishes. 👉 Dive deeper into the details of this case and its implications for estate planning. https://ow.ly/PXXe50Rz3jm #EstatePlanning #LegalNews #InnovativeLaw #OntarioCourt

Another example of why our clients are right to be concerned about the inexorable development of class actions globally. Thankfully our hugely experienced Global Disputes team in Australia is more than ready to meet this challenge head on. #globaldisputes; #classactiondefence;

This multi-jurisdictional guide explores an overview of key legal issues, rules and developments regarding class and group actions. Topics covered include court procedures, time limits, remedies, costs and funding. https://buff.ly/3AIiv7D

Today we released our latest report, "Establishing Fairness in Litigation Funding". This analysis dives into the UK's third party litigation funding industry, spotlighting its troubling expansion into consumer and collective cases. We tackle the pressing ethical and practical challenges and propose robust safeguards to ensure fairness. From licensing and oversight to fiduciary duties and transparency, our report calls for legislative reforms to protect parties and uphold the civil justice system's integrity. It's time for the UK to lead globally by implementing comprehensive consumer protections that legitimize the funding industry while prioritizing the interests of justice and aggrieved parties. Read the full report: https://lnkd.in/gZhr-ybc