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Wills, Trusts & Estates

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Friday, April 13, 2018 @ 8:30 AM

Eldercare and the new reality in estates law elder_care_sm

In the next decade Canadian baby boomers stand to inherit about $750 billion which is a direct consequence of our aging population. Another consequence of that is the rising incidence of dementia and other cognitive disorders which is already at epidemic levels and will only get worse in the future. ... [read more]

Wednesday, April 11, 2018 @ 7:12 AM

Judge ‘shocked’ by JDR room full of ‘very large dark men’ does ‘not harbour racist views’: federal judicial council Justice Kristine Eidsvik

An Alberta judge who publicly expressed her “shock” in unexpectedly encountering a judicial dispute resolution room “full of very large dark men” does “not harbour racist views” the Canadian Judicial Council (CJC) states in a decision that critics say fails to adequately address or acknowledge unconscious and systemic racial bias on the federal bench. ... [read more]

Tuesday, April 10, 2018 @ 8:48 AM

Malpractice claims regarding wills double in a decade exploding_document_sm

While wills and estates may never rival litigation or real estate as a risky practice area for lawyers, LAWPRO has seen the average annual number of wills claims double over the past ten years. ... [read more]

Thursday, April 05, 2018 @ 10:29 AM

MENTAL INCOMPETENCY - Legal proceedings - Treatment - Consent

Appeal by Ferreira's lawyer, Masgras, from an order setting aside an injunction and an award of costs against Masgras personally. ... [read more]

Thursday, April 05, 2018 @ 9:13 AM

From old photos to Ashley Madison account: Managing a digital legacy digital_legacy_sm

Increasingly, the records of our lives exist only in electronic storage devices. As a result, we need to think about the practical results of this online existence, both individually and collectively, and executors, with the lawyers who advise them, need to consider how to cope with the administration of the flotsam and jetsam of our digital lives. ... [read more]

Wednesday, April 04, 2018 @ 9:17 AM

Recent decisions help determine minimal evidentiary threshold evidentiary_threshold_sm

It has been over two years since the Ontario Court of Appeal released their decision in Neuberger Estate v. York 2016 ONCA 191 suggesting that a party challenging a will must meet a minimal evidentiary threshold before the court should accede to a request that the will be proven in open court. ... [read more]

Tuesday, April 03, 2018 @ 2:01 PM

Court jurisdiction subject of B.C. appeal over elderly woman’s care Brett_Turnquist_sm

A judge declining jurisdiction in another province’s legal ruling can’t then make orders which would “impinge” on that decision, say lawyers in a B.C. appeal involving siblings at war over guardianship of their aging mother. ... [read more]

Thursday, March 29, 2018 @ 9:10 AM

Gifts and loans to adult children: What you need to know house_gift_sm

It is not uncommon to see parents assisting their adult children well after post-secondary graduation. Assistance can come in a variety of forms, whether it’s providing funds for a matrimonial home to their newly married child, a monthly allowance for their child during a period of unemployment, or assisting in funding a child’s new business venture. Parents frequently provide help out of the goodness of their hearts without considering the impact this may have at a later date. ... [read more]

Thursday, March 22, 2018 @ 6:27 AM

PROCEEDINGS - Practice and procedure - Interest

Appeal by two children of the deceased from the denial of interest on their legacies. ... [read more]

Monday, March 19, 2018 @ 9:29 AM

Judge who sexually harassed court staffer quietly quit; unlike the U.S., #MeToo hasn’t hit Canadian judiciary TLD Exclusive

A superior court judge who subjected a court staffer to sexualized contact in the workplace quietly resigned after a Canadian Judicial Council (CJC) investigation, without the judicial disciplinary body publicly disclosing his actions until now. ... [read more]