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Wills, Trusts & Estates

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Tuesday, June 22, 2021 @ 1:49 PM

Four COVID-19 changes we should keep after pandemic | Kyla Lee

The COVID-19 pandemic has been a major time of transition for the legal profession. It may be the thing that has finally brought lawyers out of the stone age and into embracing digital technology for their cases. Some of the changes are less convenient, to be sure, but many of the changes to our court and practices should stick around after the pandemic ends. ... [read more]

Tuesday, June 22, 2021 @ 10:53 AM - Last Updated: Friday, July 09, 2021 @ 2:16 PM

Quebec waives MAiD final consent requirement as it considers expanding its scope Jean-François Leroux

Heeding to growing pressure, the Quebec government is following in the footsteps of the federal government and has waived the final lucid consent requirement before receiving medical assistance in dying for patients whose natural death is reasonably foreseeable. ... [read more]

Tuesday, June 22, 2021 @ 8:14 AM

Mediation: The unregulated profession | Gary Joseph

Recent amendments to family law legislation have led to an increased emphasis on negotiated settlements. Mediation, while already prevalent in family law, will become more so. Yet mediators are not regulated in any meaningful way. Mediation courses abound and anyone can become a mediator. The Law Society of Ontario (I continue to hate that name but the counterculture succeeded in stripping us of the moniker: members of the Law Society of Upper Canada) regulates lawyers and paralegals. The Ontario government amended legislation to govern family law arbitrators but yet nothing meaningful exists to regulate mediators. ... [read more]

Monday, June 21, 2021 @ 8:08 AM

National Indigenous Peoples Day: A time for action | Brad Regehr

It has been a few weeks since the discovery of the bodies of 215 children in unmarked graves on the grounds of a former residential school in Kamloops, B.C. Many people have expressed their shock and outrage, but in the absence of a concrete next step it’s hard to maintain that level of anger against a seemingly intractable problem. ... [read more]

Friday, June 18, 2021 @ 1:32 PM

PROCEEDINGS - Evidence - Affidavits

Application by counsel for the personal representatives of an estate to strike part of an affidavit sworn by an estate beneficiary. The affidavit was sworn in an application for an administration freeze, an accounting and case management. ... [read more]

Friday, June 18, 2021 @ 9:14 AM

Will we meet again? The Zoom boom Businesswoman holding out her hand to a computer screen

For more than a year now, our client meetings have not been in person, but instead virtual through videoconferences. At first, we were enamoured at the novelty of this new way of interfacing with our clients. As time has marched on, we have gained new perspectives on some of the advantages and disadvantages of using Zoom and other video platforms. ... [read more]

Thursday, June 17, 2021 @ 12:55 PM

What to consider before you plead guilty to regulatory offence Man with hands up

All business corporations face increased regulatory scrutiny by government agencies and regulators for their regulated business activity. The enforcement of regulatory standards may involve investigations and the laying of quasi-criminal, strict liability, regulatory charges. Government public policy statutes set, communicate and provide for the enforcement of the standards that construction companies must comply with. Regulatory charges alleging that a standard has not been complied with and the company has committed an offence is one option in corporate accountability. ... [read more]

Tuesday, June 15, 2021 @ 2:04 PM

In Sherman Estate decision, open court principle over privacy, part two Open padlock on top of stack of files

In the first article in this series on the decision in Sherman Estate v. Donovan 2021 SCC 25, we discussed why the Supreme Court of Canada ordered that the probate files of murdered Toronto billionaires, Barry and Honey Sherman, be unsealed. In this second article, we will look at what kind of information will suffice for this kind of order. ... [read more]

Tuesday, June 15, 2021 @ 5:53 AM

CONTESTATION OF CLAIMS - Adequacy of bequests to dependants  

Appeal by the testator’s son from a trial decision varying his father’s will. In his will, the father divided the residue of his estate one‑half to the son and one‑half to be divided equally between his daughter and her two sons. ... [read more]

Monday, June 14, 2021 @ 1:47 PM

In Sherman Estate decision, open court principle over privacy, part one Stack of files with open padlock on top

In Sherman Estate v. Donovan 2021 SCC 25, released on June 11, the Supreme Court of Canada ordered that the probate files of murdered Toronto billionaires, Barry and Honey Sherman, be unsealed. The result is that the public will be able to access the Shermans’ estate files notwithstanding that the identity of the perpetrator(s) of the murders, and their motives, if any, remain unknown. ... [read more]