Focus On

Wills, Trusts & Estates


Wednesday, April 15, 2020 @ 12:53 PM

Powers of attorney for mobile clients: International protection of adults suitcase_travel_sm

Because there is a lack of harmonization between many jurisdictions as to what effect a power of attorney prepared in one jurisdiction will have in another, in particular powers of attorney for personal care and advance health directives, more thought and planning is needed to deal with incapacity issues in our increasingly mobile society. ... [read more]

Wednesday, April 08, 2020 @ 11:39 AM

Lawyers must remain essential service as long as reasonably possible | Arthur Zeilikman

It would be a serious undertaking to tally all of the clichés and negative stereotypes that exist about lawyers and their seeming dispensability within society. Shakespeare’s oft-quoted line from Henry VI — "The first thing we do, let’s kill all the lawyers” — usually comes to mind as the most infamous and callous of such satirical jabs. Whatever the true intent behind the incitement, one thing is clear: the question of a lawyer’s utility always makes for a lively conversation.     ... [read more]

Wednesday, April 08, 2020 @ 9:47 AM

Quebec allowing notaries to sign documents remotely during pandemic but issues remain Isabelle Couturier

Under pressure to deliver legal services in spite of Quebec’s public health state of emergency, notaries in the province have been given the go-ahead by the Quebec Ministry of Justice to sign notarized documents remotely. Under an order-in-council on essential services issued by the Quebec government on March 23 and extended until May 4, notaries, lawyers and bailiffs are deemed to offer essential services, giving them the choice to remain open. ... [read more]

Tuesday, April 07, 2020 @ 1:12 PM

Exposed: What COVID-19 has taught us | Gary Joseph

The COVID-19 virus is a risk to all but specifically it targets and exposes the elderly and those with compromised immune systems. In the same way the pandemic has exposed our court system for what it is, an “elderly” system developed to service a 1970s population drowning in a media/web savvy 21st century. Our judicial and court leaders are struggling to make it work in an environment where failure is inevitable. The structure of our courts and the supports built around it are paper intensive and people intensive. They cannot adept quickly to the fast-changing environment. This is not a criticism of our judicial leaders but a sad refrain for those who long ignored the need to upgrade technology and facilities. ... [read more]

Tuesday, April 07, 2020 @ 8:58 AM

WILLS - Variation - Contestation of claims - Adequacy of bequests to dependants

Appeal by the deceased’s sister from trial judgment finding the deceased’s Will which gave his entire estate valued at $250,000 to his sister valid but determining that the two children were entitled to an order under the Dependants’ Relief Act that would eventually result in the entirety of the deceased’s property passing to them. ... [read more]

Monday, April 06, 2020 @ 1:51 PM

Ethical obligations for lawyers with COVID-19 | Kyla Lee

As a lawyer who is currently a presumptive positive for COVID-19, I have had to think about my ethical obligations to my clients. This includes planning in the event my condition worsens, ensuring my files are orderly and managed and maintaining adherence to quarantine obligations to protect my clients and staff from catching the virus. ... [read more]

Friday, April 03, 2020 @ 10:28 AM

Show of hands: Virtual annual general meetings virtual_voting_sm

As all levels of government in Canada continue to impose increasingly restrictive physical distancing measures to stop the spread of COVID-19, not-for-profit and charitable organizations are facing unprecedented challenges in connection with holding their upcoming Annual General Meetings (AGMs). ... [read more]

Friday, April 03, 2020 @ 8:48 AM

Quebec, federal beneficial ownership disclosure for corporations, trusts disclosure_files_sm

Quebec released its budget on March 10, and news on it has justifiably been overtaken by the COVID-19 pandemic, as the health of all is paramount at this time and always. Nevertheless, for those whose practice touches on corporations or trusts anywhere in Canada, it is important to note that a statement in the recent Quebec budget on beneficial ownership disclosure underlines the kinds of rules that will have to be interpreted in the upcoming years in all Canadian jurisdictions in order to apply new rules on disclosing individuals who are the ultimate beneficial owners or controllers of private corporations and sometimes of trusts. This, and a comparison to some of the federal rules on the issue, will be discussed below. ... [read more]

Friday, April 03, 2020 @ 8:30 AM

Facing pandemic as a law practice program candidate 2resumes.jpg

The economic impact of the COVID-19 pandemic has been hard to digest. No one knows how bad it’s going to get or not. Business activity in some regions has fallen sharply and supply chains have been disrupted. This has pulled down commodity prices and the Canadian dollar has depreciated. Consumers and businesses have become more cautious in their spending given the uncertainty. ... [read more]

Thursday, April 02, 2020 @ 2:49 PM

Estate freezes: A silver lining of COVID-19 | Dale Barrett

With the world in flux and an unprecedented shutdown of the world’s economy, those who were planning to transfer businesses to the next generation have been given what is (hopefully) a once-in-a-lifetime opportunity to defer additional taxes for many years. ... [read more]