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Friday, July 23, 2021 @ 8:35 AM

Ontario Court of Appeal confirms splitting of gift, survivorship interest, lawyers say Ira Marcovitch, of Nelligan Law

In a dispute over the division of sale proceeds from a home held in joint tenancy, the Ontario Court of Appeal has sided with the appellant in a decision, counsel said, confirms that a gift and survivorship interest is “separate.” ... [read more]

Friday, July 23, 2021 @ 8:31 AM

Granting power of attorney in a commercial context Power of Attorney painted on a street

Powers of attorney are the subject of a bit of discussion among corporate and commercial lawyers (at least around our neck of the woods). Often, this discussion centres on the requirement and the value of having a witness to the execution of the power of attorney and the enforceability of the power of attorney granted in the absence of such a witness. However, there are many more considerations at play and an absence of awareness to the issues may result in your client incurring more liability than they have bargained for. This article thus briefly explores the use of powers of attorney in the commercial context (such as in a shareholder’s agreement) in light of Ontario’s current common law and statutory framework. ... [read more]

Wednesday, July 21, 2021 @ 8:43 AM

Digital assets inventory: Fiduciaries, executors need more than passwords Laptop with gold bars on the screen

One of the most common misconceptions I see in estate planning is that people believe that their spouse, partner or child can simply use the deceased’s passwords to log in to access financial accounts. Even if the accounts are joint, attempting access via the deceased’s passwords will likely violate the terms of service with the institution. If clients have joint accounts, each individual user should be using their own login credentials to manage that account. And this applies to fiduciaries. ... [read more]

Tuesday, July 20, 2021 @ 3:03 PM

Federal child benefit sees modest increase

Canada’s government is providing a slight increase to its child benefit for lower income families. On July 20 it was announced that the maximum annual amounts for the Canada Child Benefit (CCB) will now be $6,833 for each child under age 6, and $5,765 for each child between 6 and 17. ... [read more]

Tuesday, July 20, 2021 @ 11:55 AM

First create a will, then keep it updated Man with all his assets and a laptop

“Why do I need a will?” This is a question we hear from many clients new to estate planning. It is usually followed up by a list of reasons why clients think they don’t need a will, which can range from believing they are too young and don’t have anything of value, to not being concerned about what happens once they are gone. ... [read more]

Tuesday, July 20, 2021 @ 11:47 AM

What economists can teach family law about dealing with self-reps | Joel Miller

The previous article in this series (“What LEGO can teach family law about dealing with self-reps,” see below for link) discussed the concept of “complementary innovation” and suggested we could learn from the approach LEGO has taken — complementary innovation. That’s neither radical or disruptive innovation, which changes the whole service model, nor incremental or sustaining innovation, which keeps the same model but tinkers to make it better for existing users. ... [read more]

Monday, July 19, 2021 @ 1:33 PM

Preparing for corporate liability as result of family law claim, part two An assortment of corporate shares

The first article in this two-part series on the recent decision in Berman v. 905952 Alberta Ltd. 2021 ABQB 434 of the Alberta Court of Queen’s Bench discussed the application of the oppression remedy in the context of a matrimonial dispute and highlighted the importance of anticipating potential shareholder disputes and having an appropriate unanimous shareholder agreement (USA) in place to address them. ... [read more]

Monday, July 19, 2021 @ 1:27 PM

The mediation brief: A primer | AJ Jakubowska

Family mediation is in the spotlight again and that is a very good thing. Any dialogue about this important modality for resolving family law disputes is welcome — and since I firmly believe that heterogeneity of ideas enriches dialogue, I read with interest the friendly debate taking place on the pages of this very publication. ... [read more]

Friday, July 16, 2021 @ 1:14 PM

Preparing for corporate liability as result of family law claim, part one Assortment of corporate shares

A recent decision in Berman v. 905952 Alberta Ltd. 2021 ABQB 434 of the Alberta Court of Queen’s Bench sheds light on the application of the oppression remedy in the context of a matrimonial dispute and highlights the importance of anticipating potential shareholder disputes and having an appropriate unanimous shareholder agreement (USA) in place to address them. ... [read more]

Friday, July 16, 2021 @ 12:13 PM

B.C. Supreme Court scheduling system broken, has been for a long time | Kyla Lee

On the second Tuesday of every month, alarm clocks across the province go off early. Lawyers, legal assistants, paralegals and self-represented individuals get out of bed early, make a big cup of coffee and start to engage in finger stretching exercises. ... [read more]