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Wills, Trusts & Estates

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Monday, April 01, 2019 @ 9:06 AM

When the creditor of an estate is the trustee past_due_sm

You would argue that you are a creditor of the estate if the estate owes you money. Can you then act as executor or estate trustee of the estate if you are a creditor? ... [read more]

Monday, March 25, 2019 @ 11:47 AM

FATAL INJURIES - Claim by estate - Third party claims

Appeal by the Higgins Estate and family members from a judgment finding that their lost inheritance was not compensable under the Fatal Accidents Act. ... [read more]

Wednesday, March 20, 2019 @ 10:58 AM

Still waters run deep: Ramifications of Redwater ancientoilwells_sm.jpg

Just over a month after the Supreme Court of Canada handed down its precedent-setting decision in Redwater (Orphan Well Association v. Grant Thornton Ltd. 2019 SCC 5), companies are still scrambling to understand exactly how this will impact their operations moving forward. While the oil and gas sector will inevitably feel the full brunt of the decision, they’re not the only industry set to suffer. Industries like mining, power, lumber, pulp and paper and any one where the provinces legislate on abandonment, reclamation and remediation are all set to be impacted. ... [read more]

Friday, March 15, 2019 @ 9:34 AM

Saskatchewan legal information project aims to increase access to justice using public libraries Brea_Lowenberger_sm

A program better equipping Saskatchewan's public libraries to provide legal information has proven to be successful, well attended and lauded by lawyers, says an organizer.   ... [read more]

Wednesday, March 13, 2019 @ 11:32 AM

Time to take look at consent issues for people with dementia in B.C.: law institute CCEL executive director Krista James

A B.C. law reform agency is calling for a shift in thinking on health care consent for people with dementia in the province to better reflect capacity issues and ensuring health care workers know the law. ... [read more]

Monday, March 11, 2019 @ 1:32 PM

Ottawa promotes judge, appoints two others in B.C.

Justice Canada announced the following judicial appointments for the province of British Columbia on March 8: ... [read more]

Friday, March 08, 2019 @ 12:52 PM

WEL Partners adds associate

WEL Partners announced that Marian Passmore has joined the firm as an associate. ... [read more]

Friday, March 08, 2019 @ 8:31 AM

Family trusts: Weighing the true value of a discretionary interest coin_stacks_sm

What is the dollar value of an interest in a discretionary family trust for equalization purposes under Ontario’s Family Law Act? ... [read more]

Thursday, March 07, 2019 @ 9:46 AM

Alberta Appeal Court decision offers new clarity on will interpretation: lawyer Barbara Stratton, Bennett Jones LLP

An Alberta woman alleging suspicious circumstances surrounding the execution of a will has been dealt a blow in her attempts to obtain it after the provincial Court of Appeal ruled such a move would trigger its no contest clause. ... [read more]

Wednesday, March 06, 2019 @ 8:37 AM

The thorny issue of testamentary capacity light bulbs

The law presumes that a person who is at least eighteen years of age or falls within the above exceptions has the mental capacity to make a will. In other words, and put simply, she understands what she is doing and understands the nature and general value of her assets that are being dealt with in the will. This presumption applies even to people who are of advanced years. ... [read more]