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Wills, Trusts & Estates

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Monday, January 22, 2018 @ 8:25 AM

Aging population protected by SCC proprietary estoppel decision

When children plan for the care of their elderly parents, promises are often made among family members. From time to time, the promises involve one sibling giving up part of their inheritance in exchange for the other caring for their aging parents. These promises often involve ambiguous terms, or are not properly documented and are therefore unenforceable since they do not constitute binding agreements. ... [read more]

Friday, January 19, 2018 @ 9:22 AM

The rights a common law partner has against estate of a deceased partner

An important aspect of the division of property or to support are the rights of an unmarried person who is in a conjugal relationship. ... [read more]

Wednesday, January 10, 2018 @ 8:35 AM

TRUSTS - Resulting trusts - Rebuttal of presumption of trust

Appeal by MacKinnon from the dismissal of her claim to an interest in a property owned by her daughter and son-in-law, the Donauers. ... [read more]

Tuesday, January 09, 2018 @ 3:36 PM

Clark Wilson LLP adds three partners, three associates

The employment roster at Vancouver-based Clark Wilson LLP has changed, with the naming of three partners and the hiring of three new associates. ... [read more]

Thursday, January 04, 2018 @ 8:36 AM

Guidance on economic sanctions aims to help charities with due diligence

The Office of Financial Sanctions Implementation in the U.K. has released materials that can assist charities in Canada dealing with financial sanctions against countries in which they operate. ... [read more]

Friday, December 22, 2017 @ 9:07 AM

Canada Revenue Agency announces new program to help charities meet obligations

The CRA says the program is intended to provide early support and guidance to registered charities, and will include a visit by a charity education officer to review books and records, and make recommendations. It would be prudent for legal counsel to become familiar with the Charities Education Program so they can properly advise their clients. ... [read more]

Thursday, December 21, 2017 @ 8:17 AM

Tax tips every lawyer should implement now year_end_sm

Ideally, tax planning should be an ongoing process that lawyers, like other entrepreneurs or employees, focus on all year long. Given our busy schedules many lawyers pay attention to tax planning at year end, if at all. So here are some tax planning tips that, for the most part, should be implemented now. ... [read more]

Thursday, December 14, 2017 @ 4:25 PM

SCC clarifies proprietary estoppel in novel B.C. estates dispute Benjamin Arkin

The Supreme Court has liberalized the test for — and expanded the scope of — proprietary estoppel in a B.C. estates case involving a bitter dispute between two brothers and their older sister. ... [read more]

Thursday, December 14, 2017 @ 2:47 PM

INTERESTS IN LAND - Proprietary estoppel claims

Appeal by Cowper-Smith from a judgment of the British Columbia Court of Appeal which overturned the trial judge’s conclusion that he was entitled to purchase his sister’s interest in their mother’s house on the basis of proprietary estoppel. ... [read more]

Monday, December 11, 2017 @ 9:22 AM

Mediation of estate disputes is one of the best ways to encourage settlement Mediation

Mediation in estate disputes has been mandatory in parts of Ontario since 2002. In 2016, the Rules of Civil Procedure were amended to provide judges with authority on their own initiative to order mediation in jurisdictions that do not have mandatory mediation. ... [read more]