Author Archives: Monique Shebbeare

Ontario court finds sperm donor through intercourse is not a parent

In BC, there is a bright line on parentage between children conceived through sexual intercourse and those conceived through assisted reproduction (anything other than sexual intercourse, for example donor insemination, IVF). In BC, the Family Law Act says if a child is conceived through assisted reproduction, a donor is not a legal parent unless they […]

Can a spouse use stored sperm, eggs or embryos after their partner dies?

Many couples assume that if they have stored sperm, ova (eggs) or embryos at a fertility clinic, if one of them died, the other could automatically use those to conceive a child. Is that true? No – Canada’s Assisted Human Reproduction Act, and the Assisted Human Reproduction (Section 8 Consent) Regulations have very specific requirements […]

What surrogates and parents can talk through before the lawyer visit

Most intended parents and surrogates talk through a lot of issues before they make the decision to embark on the surrogacy process together, and long before either goes to a lawyer about drawing up the Surrogacy Agreement. In some ways, a Surrogacy Agreement is a communication tool. Putting everyone’s intentions in black and white, in […]

Your land and my land – Supreme Court of Canada declares Aboriginal title to Tsilhqot’in

A landmark decision has been made by the Supreme Court of Canada today granting a declaration of Aboriginal title to a portion of the traditional lands of the Tsilhqot’in Nation in BC and making that title meaningful for the Tsilhqot’in Nation – Tsilhqot’in Nation v. British Columbia, 2014 SCC 44. ** Why is a wills […]

Testamentary Trusts Revisited – Budget 2014

For the past several years, estate planning lawyers have touted the virtues of testamentary trusts as a tax planning tool for clients with sizeable estates. Budget 2014 will largely remove the tax benefits of testamentary trusts, and for many clients (but not all!) the simplicity of outright gifts for adult beneficiaries might now make more […]