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Wills, Trusts & Estates

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Wednesday, May 23, 2018 @ 9:22 AM

When it comes to blended families, a detailed will is crucial blended_family_sm

Lawyers often get criticized for nagging clients (and potential clients, and family members, and friends) about the importance of making a will, but it’s really just that we know, better than most, the unfortunate consequences of dying intestate. And when you’re working with blended families, it can get even more difficult. ... [read more]

Tuesday, May 22, 2018 @ 10:53 AM

N.S. lawyers to get session on complex new capacity rules Michelle_Morgan_Coole_sm

Nova Scotia is holding an information session for lawyers wanting a “high level overview” of the province’s new capacity legislation for intellectually disabled adults — a complex set of regulations experts say will be a steep learning curve for the legal profession. ... [read more]

Friday, May 18, 2018 @ 9:00 AM

Using the mediation solution to avoid the perils of litigation sibling_mediation_sm

A civil lawsuit involving families is sad and damaging, and can quickly degenerate into a pathological experience. Unfortunately, inter-familial disputes are becoming more common with aging baby boomers in the process of passing a huge amount of wealth – $750 billion – to the next generation over the next ten years. ... [read more]

Wednesday, May 16, 2018 @ 8:48 AM

Preventing POA misuse: The importance of law reform in Ontario elder_lawyer_sm

In recent years, the importance of having a power of attorney for property in place for estate planning purposes has been emphasized given our aging population, and there has been corresponding growing litigation in the area. Serious concerns have been raised on the accountability of an appointed attorney and the lack of education provided to an attorney before stepping into such role. ... [read more]

Tuesday, May 15, 2018 @ 12:29 PM

B.C. Appeal Court decision sends ‘clear message’ on post-contractual conduct: lawyer

The B.C. Court of Appeal has ruled a lower court judge overreached in creating an ambiguity in a contract related to the purchase of a motor home by looking into the parties’ subsequent conduct, a decision the plaintiffs’ lawyer says makes “very plain” the limits to which evidence on post-contractual conduct can be used. ... [read more]

Wednesday, May 09, 2018 @ 10:40 AM

B.C. court decisions on competency highlight need for changes to provincial law: experts David Freedman

Legal experts are saying a decision from the B.C. Court of Appeal overturning a lower court judge’s consolidation of two proceedings in an estate case shows issues of interpretation with provincial legislation on competency proceedings which may suggest a need to rework the law. ... [read more]

Monday, April 30, 2018 @ 5:35 PM

Canadians added to American College of Trust and Estate Counsel

Two Canadian lawyers have been elected as fellows of the American College of Trust and Estate Counsel. ... [read more]

Thursday, April 26, 2018 @ 8:48 AM

The expanding investment spectrum for charities in Ontario charitable_investments_sm

In recent years, charities in Ontario have seen a number of changes that have expanded the spectrum of investment opportunities that are available to them. This article provides a brief overview of this expansion, including an explanation of the new “social investments” option available under the Charities Accounting Act (CAA). ... [read more]

Friday, April 20, 2018 @ 9:42 AM

At divorce time, should Rover be treated like child or chattel? divorcedog.jpg

The ethical treatment of animals has been a continuing trend in modern times, but have we now reached a point where in family law, courts may start considering the best interests of the family pet in deciding who gets custody of the dog or cat in a divorce? If the dissenting judge in a recent decision from the Court of Appeal of Newfoundland and Labrador has her say, our courts may be moving in this direction. ... [read more]

Thursday, April 19, 2018 @ 8:36 AM

MAINTENANCE AND SUPPORT - Child support - Spousal support - Circumstances where order refused - Retroactive awards

Application by the plaintiff Executor of the Stalzer Estate for retroactive child support and occupation rent. ... [read more]