Focus On

Wills, Trusts & Estates


Wednesday, September 11, 2019 @ 6:25 AM

CIVIL PROCEDURE - Summary judgments - To dismiss action

Appeal by the executrix from an order striking out her pleadings and dismissing her action. ... [read more]

Tuesday, September 10, 2019 @ 9:01 AM

Equitable fraud: Overlooked arrow in lawyer’s quiver fraud_concept_sm

The doctrine of undue influence is frequently employed to attack gifts. However, can the doctrine of equitable fraud apply when the requirements of undue influence are not otherwise met? That is the subject of this article. ... [read more]

Monday, September 09, 2019 @ 1:11 PM

Ignore new estate law technology at your peril digital_will_sm

Current wills and estates lawyers may be facing a familiar technology change that happened to a similar group of professionals in the 1980s. These professionals were very concerned at the prospect of new software putting them out of business. This new technology was going to severely cut into their profits by eliminating much of what they did on a daily basis. Some of them tried to resist using that new technology — but, not surprisingly, the benefits of technology could not be ignored. ... [read more]

Friday, September 06, 2019 @ 9:27 AM

Senate report on charitable sector: Building strength charity_report_sm

On Jan. 30, 2018, the Special Senate Committee on the Charitable Sector met and consulted with stakeholders in the charitable and not-for-profit community. It was carrying out its mandate to “examine the impact of federal and provincial laws and policies governing charities, non-profit organizations, foundations, and other similar groups; and to examine the impact of the voluntary sector in Canada.” ... [read more]

Thursday, September 05, 2019 @ 12:56 PM

Inheriting bad money Dollar sign in water

A federal judge in the U.S. recently imposed prison sentences of four to six months on the four adult children of deceased Wall Street money manager Harry Seggerman. Seggerman passed away in 2001, leaving his widow and six children more than US$20 million. More than half of that was in Swiss and other foreign accounts and had never been reported to the Internal Revenue Service. ... [read more]

Thursday, September 05, 2019 @ 11:45 AM

SCC alumni’s role in legal controversies sparks new debate over ex-judges’ return to practice Amy Salyzyn

Is it in the public interest for former Supreme Court of Canada justices to be allowed to provide legal services to governments or other well-heeled clients facing public controversies that could arguably blow back on the reputations of the ex-judges’ former courts or otherwise harm public confidence in the judiciary? ... [read more]

Wednesday, September 04, 2019 @ 8:57 AM

Powers of attorney and advanced care planning: Wishes and directives power_of_attorney_sm

Our previous articles have provided an overview of legal issues relating to powers of attorney. This seventh article in our series explores the issues of personal care decisions and advance wishes and directives in greater detail. ... [read more]

Tuesday, September 03, 2019 @ 10:18 AM

INTERESTS IN LAND - Unilateral transfer of interest inter vivos

Appeal by Roy from a decision declaring a quit claim deed valid and finding that the appellant only owned a 50 per cent interest in the property. ... [read more]

Friday, August 30, 2019 @ 9:20 AM

Terror in the courts | Lawrence David

The concept of “terror” is not one commonly associated with civil litigation. “Terror” and “terrorism” instead overwhelmingly arise in the context of national security prosecutions, refugee status determinations and the listing of terrorist entities under Part II.1 of the Criminal Code. Still, many civil litigators are or may quickly become familiar with another form of “terror in the courts” — namely, the in terrorem doctrine. ... [read more]

Friday, August 30, 2019 @ 8:45 AM

Lawyer’s duty to the court and the high cost of its breach legal_punishment_sm

Beyond zealous advocacy for his or her client, a lawyer’s duty extends beyond his or her duty to the client. In Ontario, a lawyer must adhere to the Rules of Professional Conduct, which proscribes and describes lawyers conduct. This includes a lawyer’s duty to the court. ... [read more]