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Wills, Trusts & Estates

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Wednesday, September 19, 2018 @ 8:47 AM

The ‘executor’s year’ and the rule of convenience time_estatelaw_sm

Our law of succession is an old one. A very old one. For example, consider the role of the “executor” of an estate. Given the fiduciary nature of the office one might expect that its genesis was in Roman law. In fact, it arose in English law from Germanic testamentary customs that made their way into England with the Saxons. Later it developed into its modern form through the interaction of canon and secular law, and, ecclesiastical and temporal courts, over centuries. ... [read more]

Friday, September 14, 2018 @ 8:48 AM

Concerns raised about proposed B.C. legislation on real estate transparency Jonathan Reilly, English Bay Law Corporation

The B.C. government has introduced a bill aimed at ending hidden ownership of real estate and ensuring taxes are being paid on their properties, but community groups and legal experts are raising concerns about its privacy implications and reporting requirements. ... [read more]

Thursday, September 13, 2018 @ 11:26 AM

Potential issues facing the emerging death care industry 3candles1out_sm.jpg

While medical assistance in dying gets all the attention these days, one of the trends I’ve been monitoring is the emergence of a “death care” industry in Canada. While still predominantly a grassroots movement, these are individuals operating outside the health sector who offer a wide range of death-related services to dying persons and their families. Some of these services are essentially various forms of support and companionship at the end of life: providing community resources, offering spiritual care and communicating with distant relatives. ... [read more]

Tuesday, September 11, 2018 @ 9:20 AM

Cross-border estate administration: The two-country connection canadianflag_americanflag_sm

When a deceased person has cross-border connections to the United States (U.S.) and Ontario or any province or territory in Canada, many issues can arise which can complicate the administration of their estate. In this series of articles, we discuss common issues that can arise when estates have connections on both sides of the border. ... [read more]

Tuesday, September 11, 2018 @ 8:28 AM

PROCEEDINGS - Parties - Standing

Application by the defendants to strike a resulting trust claim. ... [read more]

Thursday, September 06, 2018 @ 9:22 AM

CJC to appeal Federal Court’s ruling that judicial council subject to judicial review; discipline body alleges errors, appearance of bias Simon Noel

The Canadian Judicial Council (CJC) is appealing an important jurisdictional decision in which the presiding Federal Court judge accuses the leadership of the council of 39 chief justices of disrespecting his court and making poor litigation choices, and also “questions” whether CJC responses to queries from The Lawyer’s Daily amounted to “pressuring” federal Justice Minister Jody Wilson-Raybould to fire a Quebec judge “without regard for the judicial [review] proceedings that are legitimately before this [Federal] Court. ... [read more]

Wednesday, September 05, 2018 @ 11:58 AM

Access to justice strikes chord with former opera singer turned lawyer Gerrit_Theule

As a professional opera singer, Gerrit Theule made a career out of playing the roles carved out for a bass baritone with a low F to an F above middle C range: priests, old men and lawyers. While playing lawyers didn’t prepare Theule for his subsequent career as a lawyer who started up his own practice as soon as he was called to the bar, his training as a professional musician did. ... [read more]

Tuesday, September 04, 2018 @ 8:54 AM

Challenging powers of attorney based on undue influence undue_influence_sm

Power of attorney disputes are difficult pieces of litigation. The “donor” of the POA is often an older adult who is frequently frail or mentally incapable or both when the dispute arises. The litigants are usually family members battling for judicial recognition as the donor’s legitimate substitute decision-maker. Allegations of bad behaviour are common, emotions run high, and everyone involved claims the high moral ground of acting in the best interests of the donor. ... [read more]

Tuesday, September 04, 2018 @ 8:48 AM

WILLS - Revocation - By operation of law - Marriage

Appeal by the defendant from trial judgment finding that the deceased was domiciled in BC at the time of his marriage and that his 2011 will was thus revoked by operation of law and from the cost order against the appellant. ... [read more]

Tuesday, September 04, 2018 @ 8:43 AM

ABORIGINAL LANDS - Reserve lands - Possession for occupation and use - Title and ownership

Appeal by member of the First Nation from the Deputy Minister’s decision rejecting his application for possession of the parcel of land on the reserve. ... [read more]