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Wills, Trusts & Estates

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Thursday, August 25, 2022 @ 1:05 PM

Factum writing: B.C. Court of Appeal emphasizes importance of succinctness The words "keep it simple" written in sand on beach

Lawyers are taught that effective legal writing is clear, focused and succinct. The B.C. Court of Appeal requires close adherence to those principles, even where proceedings are complex. A party seeking to file a factum longer than the prescribed 30-page limit must provide “a convincing explanation as to why extra space is necessary.” ... [read more]

Wednesday, August 24, 2022 @ 12:36 PM

Justice O’Bonsawin brings refreshing experience to highest court | Naomi Sayers

Last week, it was news across my social media and I enjoyed seeing the positive words from other colleagues online. ... [read more]

Wednesday, August 24, 2022 @ 9:02 AM

Law office of the future: Our journey into the metaverse | Dhawal Tank

You’re already living in the metaverse, you just don’t know it. ... [read more]

Monday, August 22, 2022 @ 2:16 PM

Whoops! Forgot to register transfer of title prior to death Gift-wrapped house

Chan v. Chan, (2022) ABQB 256, is a case in which the issue raised was whether legal title to real property can transfer after the transfer is executed but before it is registered. Justice Grant S. Dunlop of the Court of Queen’s Bench of Alberta ruled it does not. ... [read more]

Friday, August 19, 2022 @ 2:42 PM

Trudeau nominates first-ever Indigenous judge to Supreme Court Justice Michelle O'Bonsawin.

The Supreme Court of Canada is on the cusp of getting its first-ever Indigenous judge. On Aug. 19, Prime Minister Justin Trudeau announced he has nominated Ontario Judge Michelle O’Bonsawin, a francophone First Nations woman, to the country’s highest court. ... [read more]

Wednesday, August 17, 2022 @ 2:09 PM

The second spouse and estate planning: Smoothing a bumpy road A woman's  profile flanked by two men

For many people, one of their primary estate planning goals is to take care of their spouse after their death. This is particularly the case if most of the couple’s assets are held by one spouse or where the spouses are in a later-life relationship — the second spouse — and/or have children from a previous relationship. ... [read more]

Wednesday, August 17, 2022 @ 10:42 AM

Lawyers whining about mentoring | Murray Gottheil

Those of us who hang out with lawyers know that there may be some wine involved, but more often, there will just be whining. ... [read more]

Tuesday, August 16, 2022 @ 12:22 PM

Workers’ compensation schemes cannot recover other benefits paid to claimants, court rules Barbara Billingsley

In a straightforward ruling, with two sets of reasons delivered, the Alberta Court of Appeal said that a statutory interpretation of a section of Alberta’s Insurance Act does not preclude — in this case, WorkSafeBC — from bringing a subrogated action against an estate to recover the amounts of workers’ compensation benefits paid to two claimants. ... [read more]

Monday, August 15, 2022 @ 11:43 AM

Incivility: Understanding, using anger | Ryan Wozniak

Countless articles have been written about the importance of civility in the practice of law. A seemingly comparable amount of copy has been published bemoaning the lack of civility among lawyers. ... [read more]

Thursday, August 11, 2022 @ 3:49 PM - Last Updated: Friday, August 12, 2022 @ 12:28 PM

[ Legal Wire ] - B.C. Court of Appeal split over right of survivorship in rental property decision

In a split decision, the Court of Appeal for British Columbia dismissed the appeal of a surviving partner who owned a rental property, ruling that the chambers judge applied the correct standard of proof in finding that the appellant had not proven that an alleged oral agreement regarding the property was subject to the right of survivorship. ... [read more]