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Wills, Trusts & Estates

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Wednesday, August 12, 2020 @ 8:27 AM

Navigating the modern courtroom: Embracing the change | Karen Heath

The incessant tap-tapping of an enthusiastic typist is part of the steady thrum of courtroom din that you become accustomed to during a lengthy matter. The feverish note taking of a second chair grasping on to each uttered word from the witness is often punctuated by the distinctive tap of the enter key. A new line, a break in thought, nary a breath taken by the witness; and the melody resumes. For opposing counsel (and maybe even co-counsel) it is likely a nuisance. Depending on the real estate of the courtroom, it may border on intrusive. ... [read more]

Wednesday, August 12, 2020 @ 6:00 AM

TRUSTS - Charitable trusts

Petition by a District for a declaration that a proposed plan would be consistent with the purpose of a trust or to authorize a sale as part of an administrative scheme or, alternatively, to vary the trust. ... [read more]

Tuesday, August 11, 2020 @ 1:40 PM

Gap in the law: Exposure to your ex when you don’t have a will bridge_gap_sm

The pandemic has put relationships to the test — and not all seem to be passing. Spousal separations are expected to increase, with a likely spike in divorces when things get back to “normal.” What most may not realize is that in between the time when couples say “it’s complicated” to the time they divorce, their spouses are still entitled to substantial portions of their property on death if they do not prepare a will.   ... [read more]

Tuesday, August 11, 2020 @ 9:35 AM

Fifty shades of compliance: Automating privacy impact assessments automated_privacy_assessment_sm

What we consider to be private is subjective and contextual. Our views on privacy vary depending on the nuances of the culture, values and technology our personal data is handled within. This is why privacy does not always fit within the black and white letter of the law. Rather, privacy is a myriad of shades of grey. What further adds to the complexity of privacy is our fluctuating level of trust with companies that collect, use and disclose our personal information. ... [read more]

Monday, August 10, 2020 @ 8:18 AM

Opening statement at a mediation: An overview opening_statement_sm

A mediation brings collaboration to the adversarial process by shifting the focus away from an impending courtroom battle to the parties’ interests. Whether mandatory or voluntary, it is an opportunity to resolve a dispute without the high costs and delays associated with a trial. It is a rare moment when the parties have complete control over the timing and outcome of a claim. ... [read more]

Friday, August 07, 2020 @ 2:24 PM

What executors can learn from Quadriga: Starting point in discovery forensic_accountant_sm

If the world of crypto didn’t already have enough mystery along with a spectrum of oddball characters, here is another sordid tale. Canada is the setting for the saga, and not only did the intrigue catch the eye of the financial sector, government and regulatory bodies, it also grabbed the attention of the estate planning community. ... [read more]

Wednesday, August 05, 2020 @ 2:03 PM

Being rude in court: Disciplinary sanctions screaming_mouth_sm

In part one of this series we summarized the scope of that rather elusive line as to when a lawyer would cross into uncivil communications with opposing counsel and reviewed a governing Code of Conduct and The Advocates’ Society’s principles regarding civility in support of our conclusions. In this part we will take a look at case studies in order to illuminate just what the boundaries of civil communications between counsel may be. ... [read more]

Thursday, July 30, 2020 @ 9:16 AM

Justice and the pandemic: What has to change Canada_COVID_sm

This article is the last of a five-part series examining our courts’ response to the pandemic and what it means for the future of the civil justice system. ... [read more]

Thursday, July 30, 2020 @ 6:24 AM

BANKING - Fiduciary obligations - Constructive trust - Knowing assistance

Appeal by Duscio from the $3 million trial judgment against her. Garcia orchestrated a massive fraud against the respondent pension fund, which resulted in a loss of $12,460,930. ... [read more]

Wednesday, July 29, 2020 @ 2:24 PM

Being rude in court: Crossing the line screaming_mouth_sm

The recent resignation of an Alberta lawyer, with an undertaking not to apply to the Law Society of Alberta for reinstatement, following citations that he “failed to be courteous and civil to another lawyer,” among other things, gave us pause — when does a lawyer cross the line into uncivil communications with opposing counsel that could give rise to law society discipline? With the benefit of only the Disposition Summary at the time of writing, but without the full Alberta Law Society Report, we were motivated to look into this further. ... [read more]