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Wills, Trusts & Estates

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Friday, August 07, 2020 @ 2:24 PM

What executors can learn from Quadriga CX: Starting point in discovery forensic_accountant_sm

If the world of crypto didn’t already have enough mystery along with a spectrum of oddball characters, here is another sordid tale. Canada is the setting for the saga, and not only did the intrigue catch the eye of the financial sector, government and regulatory bodies, it also grabbed the attention of the estate planning community. ... [read more]

Wednesday, August 05, 2020 @ 2:03 PM

Being rude in court: Disciplinary sanctions screaming_mouth_sm

In part one of this series we summarized the scope of that rather elusive line as to when a lawyer would cross into uncivil communications with opposing counsel and reviewed a governing Code of Conduct and The Advocates’ Society’s principles regarding civility in support of our conclusions. In this part we will take a look at case studies in order to illuminate just what the boundaries of civil communications between counsel may be. ... [read more]

Thursday, July 30, 2020 @ 9:16 AM

Justice and the pandemic: What has to change Canada_COVID_sm

This article is the last of a five-part series examining our courts’ response to the pandemic and what it means for the future of the civil justice system. ... [read more]

Thursday, July 30, 2020 @ 6:24 AM

BANKING - Fiduciary obligations - Constructive trust - Knowing assistance

Appeal by Duscio from the $3 million trial judgment against her. Garcia orchestrated a massive fraud against the respondent pension fund, which resulted in a loss of $12,460,930. ... [read more]

Wednesday, July 29, 2020 @ 2:24 PM

Being rude in court: Crossing the line screaming_mouth_sm

The recent resignation of an Alberta lawyer, with an undertaking not to apply to the Law Society of Alberta for reinstatement, following citations that he “failed to be courteous and civil to another lawyer,” among other things, gave us pause — when does a lawyer cross the line into uncivil communications with opposing counsel that could give rise to law society discipline? With the benefit of only the Disposition Summary at the time of writing, but without the full Alberta Law Society Report, we were motivated to look into this further. ... [read more]

Tuesday, July 28, 2020 @ 9:23 AM

TRUSTS - Creation of true secret trust

Appeal by the defendant from trial judgment finding that asecret trust was created and that he accepted the obligations of the trust to ensure that the estate of his deceased common law wife would go to the respondent, the deceased’s niece. ... [read more]

Tuesday, July 28, 2020 @ 8:29 AM

Owning international real estate can result in multiple taxation on death global_realestate_sm

Shopping for and buying real estate in another country can be fun. It can be the reward for creating and divesting a successful business or making smart investments. ... [read more]

Monday, July 27, 2020 @ 12:40 PM

Judge made ‘several errors’ in finding undue influence in loan transaction, rules Appeal Court

A Delaware lender took all reasonable steps necessary to avoid the presumption of undue influence when it loaned $5 million to a now bankrupt Florida-based e-commerce company and accepted as collateral a historic family homestead in eastern Ontario belonging to the CEO’s wife, the Ontario Court of Appeal has found. ... [read more]

Monday, July 27, 2020 @ 8:32 AM

Before sharing your next legal document, read this cloud_storage_sm

Even before the pandemic, the most popular methods for exchanging legal documents were not secure. Encrypted e-mail? Not as private as you think. Thumb drive? Think again. Consumer file-sharing services? Not designed with security in mind. ... [read more]

Thursday, July 23, 2020 @ 8:54 AM

Navigating the modern courtroom | Karen Heath

Close your eyes and picture this: atop a rattling cart rolling into the room rests an overhead projector; with its angular sides, translucent glass top and bent metal arm, it is recognizable even on the periphery. No, this is not a foray into ’90s classroom nostalgia. Fear not, you won’t have to overlay transparencies to demonstrate where the axis of symmetry meets the parabola (insert oft-cited adage: I’m a lawyer, not a mathematician). But, this may be an only slightly exaggerated description of the best available technology you can use to project documentary evidence and exhibits in your local courtroom.    ... [read more]