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Wills, Trusts & Estates

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Tuesday, May 15, 2018 @ 12:29 PM

B.C. Appeal Court decision sends ‘clear message’ on post-contractual conduct: lawyer

The B.C. Court of Appeal has ruled a lower court judge overreached in creating an ambiguity in a contract related to the purchase of a motor home by looking into the parties’ subsequent conduct, a decision the plaintiffs’ lawyer says makes “very plain” the limits to which evidence on post-contractual conduct can be used. ... [read more]

Wednesday, May 09, 2018 @ 10:40 AM

B.C. court decisions on competency highlight need for changes to provincial law: experts David Freedman

Legal experts are saying a decision from the B.C. Court of Appeal overturning a lower court judge’s consolidation of two proceedings in an estate case shows issues of interpretation with provincial legislation on competency proceedings which may suggest a need to rework the law. ... [read more]

Monday, April 30, 2018 @ 5:35 PM

Canadians added to American College of Trust and Estate Counsel

Two Canadian lawyers have been elected as fellows of the American College of Trust and Estate Counsel. ... [read more]

Thursday, April 26, 2018 @ 8:48 AM

The expanding investment spectrum for charities in Ontario charitable_investments_sm

In recent years, charities in Ontario have seen a number of changes that have expanded the spectrum of investment opportunities that are available to them. This article provides a brief overview of this expansion, including an explanation of the new “social investments” option available under the Charities Accounting Act (CAA). ... [read more]

Friday, April 20, 2018 @ 9:42 AM

At divorce time, should Rover be treated like child or chattel? divorcedog.jpg

The ethical treatment of animals has been a continuing trend in modern times, but have we now reached a point where in family law, courts may start considering the best interests of the family pet in deciding who gets custody of the dog or cat in a divorce? If the dissenting judge in a recent decision from the Court of Appeal of Newfoundland and Labrador has her say, our courts may be moving in this direction. ... [read more]

Thursday, April 19, 2018 @ 8:36 AM

MAINTENANCE AND SUPPORT - Child support - Spousal support - Circumstances where order refused - Retroactive awards

Application by the plaintiff Executor of the Stalzer Estate for retroactive child support and occupation rent. ... [read more]

Monday, April 16, 2018 @ 9:00 AM

Hi-Tech: Free online legal resources good news for lawyers | Luigi Benetton

Are you an in-house counsel looking for ways to help control outside legal expenses? There’s good news: certain law firms are making “boilerplate” expertise available online — no obligation, no cost. ... [read more]

Friday, April 13, 2018 @ 8:30 AM

Eldercare and the new reality in estates law elder_care_sm

In the next decade Canadian baby boomers stand to inherit about $750 billion which is a direct consequence of our aging population. Another consequence of that is the rising incidence of dementia and other cognitive disorders which is already at epidemic levels and will only get worse in the future. ... [read more]

Wednesday, April 11, 2018 @ 7:12 AM

Judge ‘shocked’ by JDR room full of ‘very large dark men’ does ‘not harbour racist views’: federal judicial council Justice Kristine Eidsvik

An Alberta judge who publicly expressed her “shock” in unexpectedly encountering a judicial dispute resolution room “full of very large dark men” does “not harbour racist views” the Canadian Judicial Council (CJC) states in a decision that critics say fails to adequately address or acknowledge unconscious and systemic racial bias on the federal bench. ... [read more]

Tuesday, April 10, 2018 @ 8:48 AM

Malpractice claims regarding wills double in a decade exploding_document_sm

While wills and estates may never rival litigation or real estate as a risky practice area for lawyers, LAWPRO has seen the average annual number of wills claims double over the past ten years. ... [read more]