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Wills, Trusts & Estates

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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]

Tuesday, November 20, 2018 @ 9:39 AM

Removal of estate trustees: How, why and if manalmostfallingoffcliff_sm.jpg

Throughout the course of the administration of estates a dispute can arise between the estate trustees and beneficiaries. Often these disputes relate to a lack of the beneficiaries being informed, the lack of an accounting or, in more serious cases, the mismanagement or misappropriation of estate funds by the estate trustee. ... [read more]

Monday, November 19, 2018 @ 12:03 PM

Goldman Sloan Nash & Haber adds three lawyers from Zaldin & Fine

Goldman Sloan Nash & Haber LLP (GSNH) has expanded its Greater Toronto Area team by three lawyers, to become one of the largest commercial real estate groups in Canada. ... [read more]

Friday, November 16, 2018 @ 8:30 AM

Holograph wills: For emergency use only holographic_will_sm

At first blush a holograph will appears to be a quick fix to an otherwise pending intestacy, for free. Intestacy, the big bad wolf that comes knocking at the door when there is death without a will, is thwarted by a holograph will, without the legal cost associated with retaining a lawyer to draft the will and without the subscription of witnesses to its execution. Or, so it is hoped. ... [read more]

Friday, November 09, 2018 @ 8:43 AM

After you’re gone: Body donation and the limits of testamentary freedom body_donation_sm

Ingrid Newkirk, renowned animal rights activist, and founder and president of People for the Ethical Treatment of Animals (PETA), has published a remarkable directive regarding the use of her body and body parts post-death. ... [read more]

Wednesday, November 07, 2018 @ 3:12 PM

‘Massive’ budget implementation bill replete with legal measures of note to bar and clients Jan Borowy

The Trudeau government’s latest jam-packed budget implementation bill (Bill C-86), which is under scrutiny this week at the Commons Finance Committee, includes scores of proposed regulatory measures — many of them unheralded and deserving of lawyers’ attention. ... [read more]

Tuesday, November 06, 2018 @ 5:42 PM - Last Updated: Wednesday, November 07, 2018 @ 11:29 AM

Judicial council says judge was ‘ill-advised’ and violated rules by acting as Lakehead University’s interim law dean Brian Gover

In a decision expected to be challenged in Federal Court, the Canadian Judicial Council (CJC) has decided that Ontario Superior Court Justice Patrick Smith breached his obligations to devote himself solely to his judicial duties, and to stay out of public and potential legal controversy, when he took a leave of absence formally approved by his chief justice to act pro bono as interim dean of Lakehead University’s struggling new law school. ... [read more]

Friday, November 02, 2018 @ 2:15 PM

Minden Gross hires senior associate for wills and estates group

Minden Gross LLP announced that David Judson has joined the firm as a partner while Joanne Golden and Sheila Morris are new associates. ... [read more]