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Wills, Trusts & Estates

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Friday, December 07, 2018 @ 10:20 AM

Undue influence and testamentary fraud: Both sides of the coin oldparent_will_sm

Where a parent has changed their will late in life to benefit one sibling over others there can often be resentment leading to allegations of impropriety by the disappointed beneficiaries. ... [read more]

Wednesday, December 05, 2018 @ 2:23 PM

Toronto virtual law firm expands practice areas

ClearWay Law has expanded its family and immigration law firm to include wills, estates and commercial law, CEO Alistair Vigier announced on Dec. 4. ... [read more]

Wednesday, December 05, 2018 @ 11:38 AM - Last Updated: Wednesday, December 05, 2018 @ 5:22 PM

Ex-SCC judge who co-wrote Dunsmuir weighs in as counsel as top court revisits Dunsmuir’s standard of review

Ex-Supreme Court of Canada Justice Michel Bastarache’s participation as a counsel in three appeals the top court is using to revisit one of his most famous judgments, Dunsmuir v. New Brunswick, has renewed debate about what ex-judges can do when they return to legal practice. ... [read more]

Wednesday, December 05, 2018 @ 10:46 AM

Trumped up taxes or legal loopholes trump_tower_sm

The New York Times published an account of how Fred C. Trump, father of President Donald Trump, built his dynasty and disputes the claim about a self-made man who got started with a US$1 million loan from his father. ... [read more]

Tuesday, December 04, 2018 @ 10:25 AM

Intestacy and common law spouses: What you need to know dead_spouse_sm

This article sets out one of many potential issues when one passes away intestate (without a will). ... [read more]

Monday, December 03, 2018 @ 12:48 PM

McInnes Cooper partner appointed to Canadian Tax Foundation board

McInnes Cooper announced that partner Jeff Blucher was recently appointed to the board of governors at the Canadian Tax Foundation. ... [read more]

Monday, November 26, 2018 @ 3:28 PM

The Coach: Marketing retail law ‘B to C’ | Gary Mitchell

Of course when I use the term “B to C,” I am referring to Business to Consumer. It is my experience in helping lawyers and law firms market themselves and grow, these areas of law are the easiest to market. The most obvious areas or retail law or B to C being, but not limited to: employment law (employee side), family law, personal injury (PI), and wills and estates. ... [read more]

Friday, November 23, 2018 @ 2:36 PM

Parliament on verge of making dying ‘all that messier’ | Sam Goldstein

Do we need to make Canadian laws easier for people to commit suicide when they are terminally ill? ... [read more]

Friday, November 23, 2018 @ 1:31 PM

TRUSTS - Constructive trusts - Judicial recognition of constructive trust - Unjust enrichment

Appeal from a judgment of the Ontario Court of Appeal setting aside a decision concluding that the proceeds of an insurance policy were payable to Michelle Constance Moore. ... [read more]

Friday, November 23, 2018 @ 11:39 AM - Last Updated: Friday, November 23, 2018 @ 5:54 PM

SCC sheds light on unjust enrichment, constructive trust in case involving 2 wives, 1 insurance policy Justice Suzanne Côté

The Supreme Court has overturned the Ontario Court of Appeal to allow 7-2 the unjust enrichment claim of a first wife who saw the proceeds of her late husband’s $250,000 life insurance policy go to his second spouse, even though the first wife paid the policy premiums for 13 years on the understanding she would collect. ... [read more]