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Wills, Trusts & Estates

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Tuesday, May 26, 2020 @ 12:13 PM

Alberta’s Court of Queen’s Bench issues new directive on with notice applications

Alberta’s Court of Queen’s Bench announced that it has updated its procedures on with notice applications in civil justice chambers. ... [read more]

Monday, May 25, 2020 @ 9:40 AM

PROCEEDINGS - Practice and procedure

Appeal by the Executor of the Adams Estate and the Salvation Army from an order directing a trial on the issue of proof of the Will in solemn form. ... [read more]

Monday, May 25, 2020 @ 8:51 AM

Leading the way forward: Modernizing access to justice | Colin Stevenson

The winds of change have been blowing hard lately, but the saying “it’s an ill wind that blows no good” suggests that even something as thoroughly devastating and unwelcome as the COVID-19 pandemic can hopefully facilitate some positive change in the justice system. ... [read more]

Thursday, May 21, 2020 @ 3:40 PM

Charlottetown firm joins Cox & Palmer

Cox & Palmer announced that the lawyers of a Charlottetown law firm have joined Cox & Palmer’s Charlottetown office. ... [read more]

Thursday, May 21, 2020 @ 8:42 AM - Last Updated: Thursday, May 21, 2020 @ 9:39 AM

How COVID-19 helped Ontario’s court system | Michael Lesage

Prior to the emergence of COVID-19, the Ontario court system was barely functional. Intended to justly adjudicate matters in the most expeditious and least expensive manner, it had strayed badly off course. In the process, it had devolved into a nadir of bureaucratic rituals and pageantry that increasingly left it accessible only to big business and the most well off. ... [read more]

Wednesday, May 20, 2020 @ 2:28 PM

Personal data: Mitigating wealth managers’ negligence risk data_protection_sm

Trustees, wealth managers, investment advisers and the like (collectively “wealth managers”) have a fiduciary duty to protect their clients’ assets or risk being faced with personal liability. ... [read more]

Tuesday, May 19, 2020 @ 2:32 PM

Finance, emotion underlie most bankruptcy discharge oppositions, says law prof Anna_Lund

For Canadians struggling to manage debt, filing for bankruptcy can provide much-needed relief. In most cases, debtors get an absolute discharge several months after they file, which essentially wipes the balance sheet clean. There is, however, a process for opposing this discharge. That process, and other elements of the bankruptcy regime in Canada, are explored in a new book ... [read more]

Tuesday, May 19, 2020 @ 8:35 AM

Avoiding mistakes: Estate planning technology plus and minus nails_bent_sm

As we discussed in the first article of this series, claims against wills and estates practitioners in Ontario have been on an upswing in the last decade. This is our second article on how technology can protect against malpractice claims. ... [read more]

Friday, May 15, 2020 @ 2:20 PM

Bank owes unremitted tax of former client: Federal Court of Appeal Steven Pordage, Pallett Valo LLP

The Federal Court of Appeal has confirmed secured creditors who receive proceeds from a tax debtor’s property when that person owes GST to the Crown is required to pay that debt in priority to all other security interests, with a real estate lawyer calling the decision concerning as it has the potential to add uncertainty to future financing decisions. ... [read more]

Friday, May 15, 2020 @ 8:43 AM

Avoiding mistakes: How technology can help wills and estates practitioners nails_bent_sm

According to Ontario’s professional liability insurance provider, LawPRO, claims against wills and estates practitioners in Ontario have been on an upswing in the last decade, nearly doubling in frequency. As litigators who often prosecute claims against lawyers accused of negligence, we have observed first hand the types of mistakes that are often made. These mistakes generally stem from a failure to stay informed about the relevant law and/or to adopt and follow best practices when carrying out their duties. ... [read more]