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Wills, Trusts & Estates

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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]

Wednesday, August 29, 2018 @ 9:26 AM

Decision on embryo as ‘property’ a cautionary tale for estate planners invitro_fertilization_sm

Last month, on July 25, 2018, the world’s first “IVF baby” turned 40. In the time since her birth, there have been many advances in reproductive technology, and more and more Canadians have made use of these developments in building their families.The law has also been developing to keep up with the new issues that arise. ... [read more]

Tuesday, August 28, 2018 @ 9:27 AM

Decision highlights considerations when choosing assessment date to quantify losses manwithscope_sm.jpg

A decision by the Ontario Court of Appeal in Rougemount Capital Inc. v. Computer Associates International Inc. (2016) ONCA 847 sheds light on some thorny issues around the choice of an assessment date when quantifying losses. ... [read more]

Tuesday, August 28, 2018 @ 9:09 AM

Cross-border estate administration: U.S. beneficiaries americanflag_stamp_sm

An Ontario estate with U.S. connections can face complications due to the presence of any of the following: the deceased was a U.S. person (defined below); one or more beneficiaries are U.S. persons; or the deceased owned U.S.- situs assets. ... [read more]