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Wills, Trusts & Estates

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Tuesday, August 17, 2021 @ 8:33 AM

Better late than never: Giving effect to will-maker’s intentions, part two Stop watch with late, on time on it

As we discussed in the first article in this series, in the recent decision from the Supreme Court of British Columbia, Simpson v. Simpson Estate, 2021 BCSC 1486, Justice Simon Coval continued his development of the law of rectification of wills. ... [read more]

Monday, August 16, 2021 @ 8:31 AM

Clash of the Toronto islanders: What is a child? View of Toronto from the Toronto Islands

To most Torontonians, the Toronto Islands (the Islands) are known as a calm refuge away from the city, featuring beaches and picnic areas with picturesque views of the city skyline a short ferry ride from the downtown core. Some may also be aware that the Islands are home to a small, tight-knit community of artists, intellectuals and others drawn to the attractions of island living. It therefore may come as a surprise to many that the Islands were recently the site of a divisive property dispute that escalated to litigation between a resident and the trust that governs property ownership on the Islands. ... [read more]

Friday, August 13, 2021 @ 8:22 AM

Better late than never: Giving effect to will-maker’s intentions, part one Stopwatch with "too late" and "on-time" marked

In a recent decision from the Supreme Court of British Columbia, Justice Simon Coval continued his development of the law of rectification of wills in Simpson v. Simpson Estate, 2021 BCSC 1486. Having recently penned the first decision providing a test for when rectification will be ordered, Justice Coval provides further guidance to litigators by discussing when a late application will be allowed to proceed. ... [read more]

Thursday, August 12, 2021 @ 8:41 AM

Post-mortem privacy: Emerging compliance challenges A real person facing a digital version

Privacy practitioners in the digital age have their hands full as all members of society have become more aware of personal privacy rights and what information can and cannot be shared with individuals, organizations and governments. Part one of this five-part series introduces the emerging challenges to advisers regarding post-mortem privacy in the digital era and asks what content providers and data holders should do. ... [read more]

Thursday, August 12, 2021 @ 5:38 AM

EXECUTORS AND ADMINISTRATORS - Actions against - Negligence - Personal liability 

Appeal by the plaintiff Best from the dismissal of action for damages. The appellant and the respondent Hendry were sisters. In 1981, their aunt executed a will in which she bequeathed her home to Hendry and the residue of her estate to Best. ... [read more]

Wednesday, August 11, 2021 @ 8:30 AM

Importance of integrity when providing trust and estate advice Woman with a stylized compass in her head

It is now the height of summer, and a good time to take a breath and reflect a bit before the hurly burly of the fall descends upon us. And so, I turn to the topic of the importance of integrity in providing trust and estate advice. ... [read more]

Wednesday, August 11, 2021 @ 8:12 AM

Alberta legislation on dower rights has not kept up with social, legal realities: law institute Laura Buckingham, Alberta Law Reform Institute

An obscure piece of legislation dating back to the First World War is under the microscope in Alberta. ... [read more]

Monday, August 09, 2021 @ 8:40 AM

CPP survivor’s benefits not discriminatory on the basis of sex: Federal Court of Appeal Ari Kaplan, Kaplan Law

The Federal Court of Appeal has ruled against a New Brunswick woman who claimed discrimination because she was limited to receiving only one survivor’s pension under the Canada Pension Plan (CPP). ... [read more]

Wednesday, August 04, 2021 @ 1:32 PM

Overprotected: Section 3 counsel and Britney Spears Heart in a cage

On July 14, 2021, Britney Spears was granted the right to hire her own lawyer to free herself from her conservatorship. The Ontario equivalent is a “‘guardianship” not “conservatorship.” You can read more about the differences between a guardianship and conservatorship here. ... [read more]

Tuesday, July 27, 2021 @ 12:17 PM

New Vancouver partner for Gowling WLG

Gowling WLG welcomed Raman Johal as a partner in the firm’s national private client services group. She will be based in the firm’s Vancouver office. ... [read more]