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Wills, Trusts & Estates

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Wednesday, July 24, 2019 @ 8:31 AM

Powers of attorney and advanced care planning: Disability power_of_attorney_sm

An estimated one in five Canadians (or 6.2 million) aged 15 years and over had one or more disabilities that limited them in their daily activities, according to new findings from the 2017 Canadian Survey on Disability. Statistics Canada reports that one in three Canadians will experience some form of disability lasting more than 90 days during their lifetime. While there are no helpful statistics on what proportion of persons with disabilities require an alternate decision maker to assist with property management or personal care/medical decisions, it is safe to say a significant percentage do or will. ... [read more]

Monday, July 22, 2019 @ 10:51 AM

Power of attorney compensation checklist paid_stamp_sm

If your client is appointed as attorney for property and/or attorney for personal care under a power of attorney document, here is a quick checklist of how to advise them on their compensation. ... [read more]

Monday, July 22, 2019 @ 9:16 AM

TRUSTS - Express trusts - Requirements - Capacity

Appeal by the defendant from a judgment that declared a 2008 bare trust and agency agreement entered into by him and his elderly parents invalid and non-binding based on a lack of capacity of his father. ... [read more]

Friday, July 19, 2019 @ 8:57 AM

Four new associates for Clark Wilson in Vancouver

Clark Wilson LLP announced that four new associate lawyers have joined its team in Vancouver: Alexandra Madden, Emily Raven, Erin Barnes and Scott McLeod. ... [read more]

Wednesday, July 17, 2019 @ 2:26 PM - Last Updated: Thursday, July 18, 2019 @ 10:08 AM

LSO debate on Statement of Principles pushed back till September 11 Malcolm Mercer sm

The debate on the Statement of Principles (SOP), which was supposed to continue at a special Convocation in July, won’t be before the Law Society of Ontario (LSO) until September, The Lawyer’s Daily has learned. ... [read more]

Wednesday, July 17, 2019 @ 10:43 AM

Canada’s ambiguity on art: donations versus export Blue irises

The Heffel Gallery Limited v. Canada (Attorney General), 2018 FC 605 decision delivered by the Federal Court in June 2018 was met with considerable controversy. This decision is considered a significant art law decision within the art community as it marks the first time the “national importance” requirement has been judicially considered since enactment in the Cultural Property Export and Import Act in the 1970s. ... [read more]

Friday, July 12, 2019 @ 11:02 AM

Will-maker does not need ‘encyclopedic knowledge’ to understand assets Person holding glasses paper

A recent Ontario Court of Appeal decision has given greater clarity to how the courts treat a will-maker’s knowledge of his or her assets and serves as a reminder of how solicitors can and should ensure their clients’ testamentary capacity is well evidenced following their death. ... [read more]

Thursday, July 11, 2019 @ 10:47 AM

Quebec Court of Appeal judge nominated for SCC brings strong expertise in class actions, family, civil law Nicholas Kasirer

Quebec Court of Appeal Justice Nicholas Kasirer, the former McGill University law dean nominated July 10 for the Supreme Court of Canada, professes a passionate commitment to bijuralism; strong expertise in class actions, family and the civil law; and an approach to judicial lawmaking that encompasses both boldness and caution. ... [read more]

Thursday, July 11, 2019 @ 10:31 AM

Group calling for reform to Nova Scotia’s Intestate Succession Act Ilana_Luther_sm

A group advocating for law reform in Nova Scotia is calling for the province to update its “antiquated” legislation so that common law partners of those who die without a will can inherit what has been left behind. ... [read more]

Wednesday, July 10, 2019 @ 4:26 PM

Quebec Court of Appeal judge nominated to replace Gascon on SCC

Prime Minister Justin Trudeau announced on July 10 the nomination of the Honourable Nicholas Kasirer to the Supreme Court of Canada. ... [read more]