Wills, Trusts & Estates

Wednesday, January 15, 2020 @ 12:26 PM

Relaxing the rules around tasks paralegals and other non-lawyer service providers are barred from performing could be a key to greater access to justice in northern Saskatchewan, says the new president of that province’s law society. ... [read more]

Wednesday, January 15, 2020 @ 10:45 AM

When it comes to access to justice, we often forget that the old law firm structures are a major deterrence to ensuring that anyone and everyone has a fair chance to having their day in court. ... [read more]

Wednesday, January 15, 2020 @ 10:29 AM

In McArthur v. McArthur and Harman 2019 ONSC 7232, a unanimous panel of the Divisional Court in Ontario held that the proper remedy for an estate trustee to seek to redress financial loss to an estate due to meritless litigation will in most cases be an award for costs, not a claim for damages. ... [read more]

Tuesday, January 14, 2020 @ 12:12 PM

Individuals in Newfoundland and Labrador looking for legal advice — but not necessarily looking to hire a lawyer — are getting a helping hand from the province’s legal community. Legal clinics launched in the St. John’s area in 2016 have expanded outside the capital city to Gander and Grand Falls. Further expansion is planned for this year. ... [read more]

Tuesday, January 14, 2020 @ 9:21 AM

An interesting issue in estates/guardianship law arises when an individual, particularly a solicitor, is named as a power of attorney (attorney) in a  power of attorney document (POA) which is not intended to be used without the concurrence of the grantor or until the grantor has lost the capacity to make his or her own decisions. ... [read more]

Monday, January 13, 2020 @ 2:52 PM

Much of the debate surrounding the tidal wave of self representation has focused on the difficulties posed by untrained individuals before the courts. Cases, previously advanced on the basis of fact and law, now often become overly emotional battlefields for the vetting of marital discord. Separated spouses can be subjected to aggressive and unnecessary cross-examination by a self-represented individual and judges, vexed between neutral adjudication, maintaining the dignity of proceedings and fair treatment to all, are being drawn into the process in a manner not consistent with their historical common law role. ... [read more]

Monday, January 13, 2020 @ 1:08 PM

Subsections 159 (1), 159 (2) and 159 (3) of the Income Tax Act (ITA) and their Quebec equivalents operate to impose personal liability for income tax and other amounts due by a deceased taxpayer on a legal representative who distributes property of the deceased in his or her possession or control without obtaining a clearance certificate from the CRA. ... [read more]

Thursday, January 09, 2020 @ 9:00 AM

Cox & Palmer announced that Daniel Stevenson has been named managing partner of its Fredericton office. ... [read more]

Wednesday, January 08, 2020 @ 2:00 PM

We’re told not to click on links in e-mails, not to open attachments from unknown sources, and not to provide personal information to someone we don’t know on the phone or on the Internet. So why is it we still create obituaries, also known as death notices, as if we are completing a job application regardless if its purpose is a legal declaration or memorial announcement. ... [read more]

Wednesday, January 08, 2020 @ 9:54 AM

There are thousands of people in Canada on a waiting list for a life-saving organ transplant; hundreds die every year while waiting. One controversial option to improve this gained traction in Canada in 2019: an opt-out system. ... [read more]