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Wills, Trusts & Estates

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Wednesday, April 05, 2017 @ 10:50 AM

Courts reluctant to interfere with written beneficiary designations

The interpretation of insurance contracts is one of the more settled areas of law. While courts consider a number of factors, as denoted in MacDonald v. Chicago Title Insurance Co. of Canada 2015 ONCA 842 and similar cases, the general rule of thumb is that the policy language controls. On occasion, this leads to perverse results, as occurred in the recent case of Moore v. Sweet 2017 ONCA 182.  ... [read more]

Monday, April 03, 2017 @ 8:44 AM

Access to Justice: Let’s give the Bonkalo report a chance | Thomas Cromwell

I wish that we didn’t have a large and growing legal services gap. But we do. Just look at the never-ending waves of self-represented litigants in our courts. Most of them wish they had a lawyer; some started out with one, but ran out of money along the way. And, sadly, the unmet need for legal services for these people is only the tip of the unmet legal needs iceberg. ... [read more]

Friday, March 31, 2017 @ 2:40 PM

Supreme Court to revisit Jordan in spring session Megan Savard

In its spring session, the Supreme Court of Canada is revisiting the thorny question of what the Charter right to a speedy trial requires, and it will also hear from unionized federal Crowns who say their Charter right to liberty and privacy is impinged by being required to be on-call (without pay) outside regular work hours. ... [read more]

Thursday, March 30, 2017 @ 8:00 PM

Law commission report calls for upgrade of guardianship laws

Not applicable ... [read more]

Wednesday, March 29, 2017 @ 9:18 AM

Not naming an executor in a will can add cost, complexity and family conflict

Each year, 90,000 individuals die in Ontario alone, leaving behind tens of thousands of estates to be administered by family members, friends, professionals, or — in rare cases — the government. While there is any number of reasons why it’s advantageous to name an executor in a will, many people never do so. ... [read more]

Friday, March 24, 2017 @ 10:08 AM

Law commission report calls for upgrade of guardianship laws Nye Thomas

The Law Commission of Ontario (LCO) has issued a comprehensive report, backed up by 58 recommendations designed to modernize the law of legal capacity, decision-making and guardianship currently affecting about 17,000 vulnerable provincial residents. ... [read more]

Friday, March 24, 2017 @ 9:02 AM

Media relations isn't marketing, and that's just the first mistake lawyers make | Julius Melnitzer

When it comes to maximizing the benefits of good media relations, many Canadian law firms haven’t quite got it yet. For those of you who are thinking, “What are you talking about? The profession’s marketing savvy has come a very long way” — you’re making my point. What a lot of law firms still don’t seem to understand is that marketing and media relations are two distinct arts. Lumping them together is akin to shoving an admiralty lawyer and an entertainment lawyer into the same pigeonhole. ... [read more]

Friday, March 17, 2017 @ 8:54 AM

Top 10 risk management tips for charities, not-for-profits

Charities and not-for-profits (NFPs) face increasing challenges in delivering their services to their members and the public, in part because of a more litigious reality and complicated regulatory environment. As such, charities and NFPs need to be familiar with an array of legal requirements that they need to comply with. ... [read more]

Tuesday, March 14, 2017 @ 10:44 AM

Aird & Berlis adds four partners to tax, estates group

Four new partners have joined Aird & Berlis LLP’s tax and estates group, Neil Bass, Rachel Blumenfeld,  Ed Esposto and Angelo Gentile. ... [read more]

Tuesday, March 14, 2017 @ 9:02 AM

Settling a family law dispute is only the first step, then comes the documentation

Once the parties have reached a settlement in a family law dispute, the next issue is how to document it.   ... [read more]