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Wills, Trusts & Estates

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Friday, June 28, 2019 @ 8:54 AM

Statement of Principles stays for now as LSO Convocation becomes mired in debate Malcolm Mercer sm

After a full day of debate on the Statement of Principles (SOP), the Law Society of Ontario (LSO) was unable to come to a decision on the diversity initiative that has not only divided Convocation, but the profession as well. ... [read more]

Wednesday, June 26, 2019 @ 8:26 AM

Limitation periods in estate litigation: Will challenges alarm_clock_sm

This is the first of three articles regarding the applicability of limitation periods in estate litigation. This article focuses specifically on will challenges. ... [read more]

Monday, June 24, 2019 @ 2:21 PM

RESP ownership in family law, estate planning Mortarboard_with_coins

Family law lawyers often negotiate settlements so that both spouses benefit from the distribution of a Registered Education Savings Plan (RESP) to help with their contributions to their children’s education. Family law lawyers should understand the ownership structure of an RESP to ensure that their client is not prejudiced by the arrangement in the settlement, particularly in the case of a family with a child with a disability. ... [read more]

Monday, June 24, 2019 @ 12:27 PM

Ottawa appoints Smith as chief justice of N.S. Supreme Court

The federal Department of Justice on June 24 announced the appointment of Deborah K. Smith as chief justice of the Supreme Court of Nova Scotia. ... [read more]

Monday, June 24, 2019 @ 9:35 AM

INTERESTS IN LAND - Homesteads - Joint tenancies - Partition

Appeal by the husband from trial decision finding that there was a severance of the joint tenancy of the former matrimonial home and ordering its sale. ... [read more]

Monday, June 24, 2019 @ 9:09 AM

Implicit behaviour guidelines for counsel served up in appeal decision fighting_lawyers_sm

The Ontario Court of Appeal has recently issued a sharp caution to counsel who maintain their excessively adversarial positions over and above their duty to the court. ... [read more]

Monday, June 24, 2019 @ 9:07 AM

Two new associates for Stewart McKelvey in P.E.I.

Stewart McKelvey announced that Will Cann and Michael Carver have recently joined the firm’s office in Charlottetown as associates. ... [read more]

Friday, June 21, 2019 @ 2:32 PM

Downey commits to collaborative approach as Ontario’s new attorney general Exclusive

Lauded by former colleagues for his collegiality, Ontario’s new Attorney General Douglas Richard Downey plans to take a collaborative approach on new initiatives and lingering issues that dogged his predecessor, including one that drew a comment from Canada’s top judge. ... [read more]

Thursday, June 20, 2019 @ 8:16 AM

Estranged couples who don’t change their wills: Unintended consequences separated_couple_sm

The divorce rate in Canada has been pretty much flat for decades, sitting somewhere between 38 and 42 per cent. It is no secret that lawyers are expensive. A few years back, there was an article in the media about how (some) lawyers themselves could not afford to pay their own fees if they needed legal services. ... [read more]

Friday, June 14, 2019 @ 9:31 AM

When a family trust is really a sham crossed_fingers_sm

Your client is the settlor of a family trust, one she claims was intended to be a gift to her children upon the last of the three children attaining the age of 30 years. The parties have separated. The wife maintains that the trust’s assets are neither hers’ nor her husband’s, but belong to the children who are the beneficiaries, and therefore do not form part of the net family property. The husband, who is the children’s father, counters that the trust is a sham that his wife uses to support the family’s lavish lifestyle whilst shielding the assets from forming part of the net family property. As a result, he argues, the trust should be considered so as to increase the equalization payment to him by approximately $10 million. ... [read more]