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Wills, Trusts & Estates

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Wednesday, January 23, 2019 @ 9:13 AM

Marriage contracts and the right of survivorship marriage_contract_sm

To what extent is a solicitor obliged to make inquiries and make clear to his client that the reasonable expectations that his client may have arising from a proposed transaction may in fact be frustrated by the actions of the other party? ... [read more]

Tuesday, January 22, 2019 @ 8:51 AM

Even death doesn’t stop the limitation period stop_watch_sm

In the recent case of Lee v. Ponte 2018 ONCA 1021, the Ontario Court of Appeal was presented with a dilemma: Can an estate trustee extend the time to bring a claim that arose prior to the deceased’s death? ... [read more]

Friday, January 18, 2019 @ 8:51 AM

INTERESTS IN LAND - Joint estates - Unilateral transfer of interest inter vivos

Appeal by the defendants, Gordon and Vivian Midtdal, from a judgment declaring the plaintiff, Melva Pohl, the sole owner of disputed lands. ... [read more]

Friday, January 18, 2019 @ 8:44 AM

Milne, Panda rulings could affect thousands of Ontario wills will_probate_sm

For many years, multiple wills have been used as a common estate planning tool. In these cases, the testator's assets are allocated between two pools. All assets requiring probate (e.g. bank accounts) are dealt with under a “public” or “primary” will, and assets that do not require probate (e.g. private company shares) are dealt with in a “private” or “secondary” will. ... [read more]

Thursday, January 03, 2019 @ 8:37 AM

Perils of adding a child to your bank account kids_bank_sm

We have heard many times of the advisability or the perils of a person conveying a joint interest in real property to a child in order to facilitate estate administration upon her death or to avoid estate administration tax. Less discussed is the advisability or the perils of placing a child as a co-owner of one’s bank account. ... [read more]

Wednesday, January 02, 2019 @ 9:22 AM

SCC’s winter session looks at military justice, lawyers’ fees, Crown copyright, Jordan Mark Letourneau

Military justice and Crown copyright are among the topics the Supreme Court of Canada will explore in its winter session that includes criminal appeals asking if defence counsel’s legal fees can be paid from the proceeds of crime forfeited to the state and if the Jordan time limits apply in provincial youth court. ... [read more]

Friday, December 21, 2018 @ 4:11 PM

Judge’s political lobbying, advocacy on behalf of black Canadians crossed line, but wasn’t ‘misconduct’ Mark Sandler

The Ontario Judicial Council (OJC) has ruled that a judge who founded an advocacy group for black Canadians, and lobbied politicians with the “highly laudable” aim of helping his community overcome racism and poverty, engaged in a form of impermissible “advocacy and political activity” — but his actions did not amount to “judicial misconduct” that could merit his removal from the bench. ... [read more]

Friday, December 21, 2018 @ 9:35 AM

From autonomous cars to smartphone zombies, analysis and opinion highlights of 2018

Here are 16 memorable and outstanding stories from 2018, as selected by The Lawyer's Daily Analysis Editors Richard Skinulis and Peter Carter. ... [read more]

Wednesday, December 19, 2018 @ 2:48 PM

Access to Justice: Next year a big one for Action Committee | Thomas Cromwell and Beverley McLachlin

There are big transitions occurring at the Action Committee on Access to Justice in Civil and Family Matters. Former chief justice Beverley McLachlin has this month assumed the chair of the committee which she had convened a decade ago. ... [read more]

Wednesday, December 12, 2018 @ 8:57 AM

Privileged yet powerless beneficiary spouse of a family trust

Picture this: your client is one of two beneficiaries of a $10 million discretionary family trust set up by his maternal grandfather. The trustees are your client’s parents. A trust company manages the money through an investment account. ... [read more]