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Wills, Trusts & Estates

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Tuesday, July 30, 2019 @ 9:41 AM

Unequal treatment in B.C. will case not motivated solely by discrimination against daughters: judge David Freedman

A B.C. judge has amended wills for a multimillion dollar estate on the basis the couple’s four daughters were treated unfairly when the bulk of the money was given to their two brothers, but rejected the argument the parents were motivated exclusively by cultural practices in their actions. ... [read more]

Monday, July 29, 2019 @ 1:00 PM

New wills and estates partner for Blaney McMurtry

Blaney McMurtry announced that Blair L. Botsford has joined the Toronto firm as a partner. ... [read more]

Thursday, July 25, 2019 @ 3:16 PM

Canada’s ambiguity on art: appeal decision awaited Blue iris closeup

The significant Heffel Gallery Limited v. Canada (Attorney General), 2018 FC 605 (Heffel) decision was appealed to the Federal Court of Appeal in February. Since the Heffel decision was rendered in June 2018, works applying to be certified by the Canadian Cultural Property Export Review Board for the purposes of the special donation tax credit were put on hold until the result of the appeal was released. ... [read more]

Wednesday, July 24, 2019 @ 8:31 AM

Powers of attorney and advanced care planning: Disability power_of_attorney_sm

An estimated one in five Canadians (or 6.2 million) aged 15 years and over had one or more disabilities that limited them in their daily activities, according to new findings from the 2017 Canadian Survey on Disability. Statistics Canada reports that one in three Canadians will experience some form of disability lasting more than 90 days during their lifetime. While there are no helpful statistics on what proportion of persons with disabilities require an alternate decision maker to assist with property management or personal care/medical decisions, it is safe to say a significant percentage do or will. ... [read more]

Monday, July 22, 2019 @ 10:51 AM

Power of attorney compensation checklist paid_stamp_sm

If your client is appointed as attorney for property and/or attorney for personal care under a power of attorney document, here is a quick checklist of how to advise them on their compensation. ... [read more]

Monday, July 22, 2019 @ 9:16 AM

TRUSTS - Express trusts - Requirements - Capacity

Appeal by the defendant from a judgment that declared a 2008 bare trust and agency agreement entered into by him and his elderly parents invalid and non-binding based on a lack of capacity of his father. ... [read more]

Friday, July 19, 2019 @ 8:57 AM

Four new associates for Clark Wilson in Vancouver

Clark Wilson LLP announced that four new associate lawyers have joined its team in Vancouver: Alexandra Madden, Emily Raven, Erin Barnes and Scott McLeod. ... [read more]

Wednesday, July 17, 2019 @ 2:26 PM - Last Updated: Thursday, July 18, 2019 @ 10:08 AM

LSO debate on Statement of Principles pushed back till September 11 Malcolm Mercer sm

The debate on the Statement of Principles (SOP), which was supposed to continue at a special Convocation in July, won’t be before the Law Society of Ontario (LSO) until September, The Lawyer’s Daily has learned. ... [read more]

Wednesday, July 17, 2019 @ 10:43 AM

Canada’s ambiguity on art: donations versus export Blue irises

The Heffel Gallery Limited v. Canada (Attorney General), 2018 FC 605 decision delivered by the Federal Court in June 2018 was met with considerable controversy. This decision is considered a significant art law decision within the art community as it marks the first time the “national importance” requirement has been judicially considered since enactment in the Cultural Property Export and Import Act in the 1970s. ... [read more]

Friday, July 12, 2019 @ 11:02 AM

Will-maker does not need ‘encyclopedic knowledge’ to understand assets Person holding glasses paper

A recent Ontario Court of Appeal decision has given greater clarity to how the courts treat a will-maker’s knowledge of his or her assets and serves as a reminder of how solicitors can and should ensure their clients’ testamentary capacity is well evidenced following their death. ... [read more]