Publications
Drifting away and losing focus: the aging high-net-worth client in their wisdom, confusion and vulnerability
This conference session addressed one of the most sensitive and increasingly common challenges facing legal, tax and advisory professionals: how to respond when an ageing client becomes vulnerable, less autonomous and their decision-making is questioned, all this in the context of one’s mental capacity and exposure to undue influence. As global populations age and wealth concentrations grow among older individuals, professionals are encountering more cases where diminished capacity, undue influence and unconventional personal decisions converge.
Released on Apr 16, 2026
Murphy’s law in estate planning: things will and have gone wrong
This panel session explored real-life scenarios where detailed planning of succession and wealth-holding strategies have not gone to plan. Cross-border examples were used to highlight situations where such plans have shifted due to the interplay between different legal systems, family structures and human error. Rather than adopting a pessimistic tone, the session positioned Murphy’s law, the adage that ‘anything that can go wrong, will go wrong’, as a practical discipline that is relevant to estate planners advising global families with cross-border assets. Indeed, during cross-border planning, ‘anything that can go wrong, will go wrong’.
Released on Apr 16, 2026
Citizenship revocation, misrepresentation and international atrocity: Sosa Orantes expands current jurisprudence
The 2026 Federal Court decision in Minister of Citizenship and Immigration v Sosa Orantes represents one of the most significant modern applications of Canada’s citizenship-revocation framework to allegations of international atrocity crimes. This article situates Sosa within the broader landscape of Canadian revocation jurisprudence, particularly the post-war cases involving concealed Nazi affiliations. It argues that Sosa marks an evolution in how courts handle evidentiary complexity, assess international human-rights conduct in civil proceedings and reconcile the integrity of citizenship with principles of fairness. By comparing Sosa to Oberlander, Katriuk and related cases, this article demonstrates how the decision reinforces that Canadian citizenship is not immune from revocation when procured through the concealment of crimes against humanity.
Released on Apr 15, 2026
From the Editors: Litigation Committee newsletter – Spring 2026
Welcome to the Spring 2026 edition of the IBA Litigation Committee Newsletter, entitled: ‘The future of evidence: cross-border evidence gathering and discovery, AI-based evidence review, digital traces and procedural fairness’.
Released on Apr 14, 2026