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Wednesday, January 22, 2020 @ 6:18 AM

WILLS - Holograph wills

Application by Chow for an order pursuant to s. 58 of the Wills, Estates and Succession Act that the three notes left by the deceased be given testamentary effect. ... [read more]

Tuesday, January 21, 2020 @ 10:19 AM - Last Updated: Tuesday, January 21, 2020 @ 11:18 AM

SCC’s Wagner, Moldaver and Martin key to majorities in 2019 as top court divides in most judgments TLD Exclusive

Justices Michael Moldaver and Sheilah Martin and Chief Justice Richard Wagner were at the core of most Supreme Court of Canada majorities in 2019, an analysis of the nine judges’ voting patterns by The Lawyer’s Daily reveals. ... [read more]

Tuesday, January 21, 2020 @ 8:20 AM

Disability support: Guardianship applications brain_workings_sm

Under Ontario law, adult capacity is task-based rather than diagnosis-based. The upshot is that an individual’s required level of capacity can vary depending on the nature of the decision to be made. For example, having capacity to make a will or power of attorney (POA) is different from having capacity to manage property and finances or make personal care decisions. ... [read more]

Monday, January 20, 2020 @ 11:58 AM

New Toronto partners for Dickinson Wright

Dickinson Wright LLP announced the election of Philip Aubry, Tracy Bergeron and Sahar Cadili as new partners in the firm’s Toronto office, effective Jan. 1, 2020. ... [read more]

Monday, January 20, 2020 @ 9:41 AM - Last Updated: Tuesday, January 21, 2020 @ 11:15 AM

Supreme Court of Canada hits record low 40% unanimity rate in 2019; many appeals came from Quebec TLD Exclusive

The Supreme Court of Canada divided on the outcomes of appeals in 60 per cent of the cases it decided in 2019, and spoke with one voice in just one-third of its appeal judgments — a record low unanimity rate in at least 30 years, an analysis by The Lawyer’s Daily discloses. ... [read more]

Thursday, January 16, 2020 @ 8:39 AM

Rethinking the obituary in digital age: Planning and guidance digital_obituary_sm

Discussion about one’s e-mail and obituary has not been traditionally part of an estate lawyer’s conversation with the testator (or will-maker). But in the digital age, not only should digital assets and the client’s ever-expanding digital estate be part of the conversation, but so should a risk assessment of the role facing the executor. In other words, is the executor up to the task of handling the digital estate? ... [read more]

Wednesday, January 15, 2020 @ 12:26 PM

Loosening rules for non-lawyers needed for north Saskatchewan: law society president Gerald_Tegart_sm

Relaxing the rules around tasks paralegals and other non-lawyer service providers are barred from performing could be a key to greater access to justice in northern Saskatchewan, says the new president of that province’s law society. ... [read more]

Wednesday, January 15, 2020 @ 10:45 AM

Why evolution of legal model desperately needed | Shama Rafiq

When it comes to access to justice, we often forget that the old law firm structures are a major deterrence to ensuring that anyone and everyone has a fair chance to having their day in court. ... [read more]

Wednesday, January 15, 2020 @ 10:29 AM

Costs or damages: Best remedy for meritless estate litigation shield_defense_sm

In McArthur v. McArthur and Harman 2019 ONSC 7232, a unanimous panel of the Divisional Court in Ontario held that the proper remedy for an estate trustee to seek to redress financial loss to an estate due to meritless litigation will in most cases be an award for costs, not a claim for damages. ... [read more]

Tuesday, January 14, 2020 @ 12:12 PM

NL non-profit expands free legal clinics due to high demand Kevin O'Shea

Individuals in Newfoundland and Labrador looking for legal advice — but not necessarily looking to hire a lawyer — are getting a helping hand from the province’s legal community. Legal clinics launched in the St. John’s area in 2016 have expanded outside the capital city to Gander and Grand Falls. Further expansion is planned for this year. ... [read more]