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Wills, Trusts & Estates

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Wednesday, January 30, 2019 @ 12:25 PM

Blaney McMurtry adds tax, estates lawyer as partner

Blaney McMurtry announced that Sunita Doobay has joined the firm as a partner. ... [read more]

Wednesday, January 30, 2019 @ 9:54 AM - Last Updated: Wednesday, January 30, 2019 @ 12:53 PM

Experts give insights into pros and perils of a virtual law firm Lisa Stam

Lisa Stam had a good six-and-a-half year run practising employment, labour, pension and human rights law at Baker McKenzie in Toronto from 2007 to 2014. But over that time, she noticed a change in client expectations regarding legal services. ... [read more]

Friday, January 25, 2019 @ 4:19 PM - Last Updated: Friday, January 25, 2019 @ 4:58 PM

Supreme Court rules ‘Henson’ trust does not limit disabled beneficiary’s access to social assistance Michael_Feder

In a positive decision for persons with disabilities, the Supreme Court of Canada has pronounced for the first time on the discretionary “Henson trusts” long used to set aside money or property for the benefit of persons with disabilities in a way that doesn’t jeopardize the trust beneficiaries’ eligibility for means-tested social assistance. ... [read more]

Friday, January 25, 2019 @ 2:34 PM

RESIDENTIAL TENANCIES - Tenancy agreement - Rent - Amount of rent

Appeal by S.A. from a judgment of the British Columbia Court of Appeal amending a decision denying the order sought by Appellant directing the Metro Vancouver Housing Corporation (MHVC) to refund the difference between the market rent and the subsidized rent of her apartment. ... [read more]

Wednesday, January 23, 2019 @ 9:33 AM

Recognition of ‘lived identity’ an access to justice, wills and estates issue, experts say Kate Hazell

Many infants born in Canada have, through their parents, the right to a gender-neutral birth certificate. The same is not true for Canadians who die. Vital statistics legislation across Canada was amended between 2012 and 2017 to remove the requirement for individuals to undergo gender confirmation surgery in order to change their gender on various documents including birth certificates. ... [read more]

Wednesday, January 23, 2019 @ 9:13 AM

Marriage contracts and the right of survivorship marriage_contract_sm

To what extent is a solicitor obliged to make inquiries and make clear to his client that the reasonable expectations that his client may have arising from a proposed transaction may in fact be frustrated by the actions of the other party? ... [read more]

Tuesday, January 22, 2019 @ 8:51 AM

Even death doesn’t stop the limitation period stop_watch_sm

In the recent case of Lee v. Ponte 2018 ONCA 1021, the Ontario Court of Appeal was presented with a dilemma: Can an estate trustee extend the time to bring a claim that arose prior to the deceased’s death? ... [read more]

Friday, January 18, 2019 @ 8:51 AM

INTERESTS IN LAND - Joint estates - Unilateral transfer of interest inter vivos

Appeal by the defendants, Gordon and Vivian Midtdal, from a judgment declaring the plaintiff, Melva Pohl, the sole owner of disputed lands. ... [read more]

Friday, January 18, 2019 @ 8:44 AM

Milne, Panda rulings could affect thousands of Ontario wills will_probate_sm

For many years, multiple wills have been used as a common estate planning tool. In these cases, the testator's assets are allocated between two pools. All assets requiring probate (e.g. bank accounts) are dealt with under a “public” or “primary” will, and assets that do not require probate (e.g. private company shares) are dealt with in a “private” or “secondary” will. ... [read more]

Thursday, January 03, 2019 @ 8:37 AM

Perils of adding a child to your bank account kids_bank_sm

We have heard many times of the advisability or the perils of a person conveying a joint interest in real property to a child in order to facilitate estate administration upon her death or to avoid estate administration tax. Less discussed is the advisability or the perils of placing a child as a co-owner of one’s bank account. ... [read more]