Focus On

Wills, Trusts & Estates

Latest

Friday, March 19, 2021 @ 11:17 AM

New, improved pandemic scams Phone with COVID scam symbol

While the COVID-19 pandemic has led to many changes, it, unfortunately, has not changed some things. One such thing is the presence of fraud and scams. Fraudsters and scam artists do not take a vacation during economic downturns. They actually become more active. Since March 2020, there have been more than 10,000 Canadian reports of fraud and Canadians have lost $7 million to fraud. Some scam artists have “cashed in” on COVID-19 and created scams specific to COVID-19. ... [read more]

Friday, March 19, 2021 @ 8:34 AM

Power of pixie dust: Accessing justice one year later | Bo Kruk

Just over a year ago, the world fundamentally changed. Overnight, bustling downtowns resembled scenes from films like 28 Days Later. Schools closed as learning shifted online, working from home became commonplace, and the courts restricted matters to only those that were urgent. Gradually, we started to adapt to this new reality and its increased digital presence. These adjustments have spurred positive changes while others have created new challenges. Throughout this shift in our collective lifestyles, the wheels of the legal machine never stopped. ... [read more]

Thursday, March 18, 2021 @ 11:44 AM

Women in law: Where are we now? | Jasmine Daya

On March 8, we celebrated International Women’s Day to commemorate women’s achievements. Over the years, I have become more appreciative of this day, perhaps as I gain a better understanding of what it means to be a lawyer, wife and mother, among my many other roles. This year, I fear my gender has regressed within the practice of law. ... [read more]

Thursday, March 18, 2021 @ 8:45 AM

The doctrine of cy-près: Fulfilling a donor’s wish Offering a gift

A recent decision from the B.C. Supreme Court shows that the court may seek to give effect to a donor’s charitable intent, even where the intended recipient of the gift no longer exists. ... [read more]

Thursday, March 18, 2021 @ 6:19 AM

LIENS - Moneys subject to statutory trust - Duties of trustee

Application by the subcontractor Electro-Works for an order that the respondent law firm pay it $39,813 that the respondent received from its client, the general contractor, for legal fees and disbursements. ... [read more]

Wednesday, March 17, 2021 @ 6:33 AM

TRUSTS - The trustee - Action against

Appeal by Carroll from an order dismissing her application against TD Bank for orders that would result in the disclosure, discovery, and redress of financial irregularities and misconduct, if any, by TD relating to its role as Trustee of designated mutual funds. ... [read more]

Tuesday, March 16, 2021 @ 2:08 PM

Bill S-222: Eliminating the ‘own activities’ requirement for charities Two hands reaching out

A new bill introduced into the Senate last month may give Canadian charities much needed legislative reform. Ratna Omidvar, senator for Ontario, tabled Bill S-222, the Effective and Accountable Charities Act (the bill) for first reading on Feb. 8, 2021. The bill proposes significant changes to provisions of the Income Tax Act (ITA) governing how charities in Canada can work with other organizations that are not registered charities — or not otherwise “qualified donees” (which are organizations that can issue official donation receipts). This article offers a brief background of the need for legislative reform and what the new bill proposes to change. ... [read more]

Tuesday, March 16, 2021 @ 8:44 AM

Protecting the prince: Estate planning in the royal family A crown by an antique scroll

In a recent primetime interview with his wife, Meghan Markle, Prince Harry revealed that his family had “cut him off financially” on short notice during the first quarter of 2020, leaving him unable to afford security for his family. However, Harry was able to access the inheritance he received following the death of his late mother, Princess Diana, and embark on a new life in the U.S. Harry told Oprah Winfrey, “I’ve got what my mum left me, and without that, we would not have been able to do this.” ... [read more]

Monday, March 15, 2021 @ 1:41 PM

Ascertaining witness, defendant locations in video trials Line drawing of woman's head emerging from computer screen

With new technologies, new challenges arise. The last year has seen adoption of technology in the court system on an unfathomable scale. Things which required in-person appearances for centuries transitioned to virtual appearances in a matter of weeks. The stresses were substantial but the growing pains have been largely beneficial. ... [read more]

Monday, March 15, 2021 @ 9:25 AM

ADMINISTRATION OF ESTATE - Actions by and against estate

Appeal by the Trustee in Bankruptcy from a decision of a case management judge striking out or summarily dismissing various parts of the Trustee’s claim and from a cost award awarding the respondent Rose enhanced costs against the Trustee. ... [read more]