All About Estates

Month: February 2018

Total 18 Posts

Once You Give You Can’t Take Back, Even Though You May Regret It

In the recent decision of Johnston v. Song [1], the Ontario Superior Court of Justice considered the consequences of a property’s transfer into joint ownership in advance of a breakdown of a common law relationship. Facts: Johnston and Song began living together in November 2005, when Song moved into a…

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Court Set Asides a Release and Orders a Passing of Accounts

An estate trustee may decide to forego passing their accounts because of the associated costs and seek a release from the estate’s beneficiaries instead. However, when the capacity of a beneficiary is in question, a  release may be set aside. In Foisey v. Green, the Public Guardian and Trustee (“PGT”)…

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Crisis in Long Term Care Continued # 3

This blog will address some of the first hand experiences that my clients and I have had when interfacing with the Long Term Care sector. 1.  Younger adults. I worked with a 42 year old gentleman who lived with a degenerative motor disease. He could no longer live on his…

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Income Splitting Loans and what you should know (and do) prior to April 1, 2018

Under the Income Tax Act R.S.C., 1985, c. 1 (5th Supp.), there are certain income-splitting arrangements that are available when a loan is made from an individual to his/her lower income spouse/common-law partner and when a loan is made to a discretionary family trust, the beneficiaries of which include minor children….

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Consent to Medical Assistance in Dying vs. Withdrawal of Life-Sustaining Treatment

The cases before the court of Shalom Ouanounou and Taquisha McKitty[i] focus on the declaration of brain death and the withdrawal of life-sustaining treatment without consent. I will not address the issue of declaration of brain death as that lies outside my scope of practice, but rather will comment on…

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What to do when a loved one dies?

Believe it or not, this is the title of a recent release from the Canada Revenue Agency (“CRA”). Is there really a softer side to the CRA? Let’s face there is a lot to do after a loved one dies, and a lot of it not related to tax. But…

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Death and TOSI Part 2: Spouses

My past two blogs have looked at the December 13, 2017 draft legislation that amends and expands the tax on split income (“TOSI”) rules. In my last blog I outlined some of the special rules that apply (in the context of TOSI) to income and gains on property that is…

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Ready to Rumble: Law of Trusts vs. Law of Contracts

This Blog was written by : Peter Meitanis   In a battle that dates back to the Medieval Ages, two bitter rivals are back at it again. The location of the latest bout is British Columbia’s Court of Appeal. Get your popcorn ready folks. Trust law is out for blood,…

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The Utility (or lack thereof) of Extrinsic Evidence When Interpreting a Will

This blog is written by Ronald Neal, student-at-law. Can one rely on extrinsic evidence (i.e. evidence that relates to a will but is not contained in it) to establish the intentions of a testator? This was a question recently considered by the Ontario Superior Court of Justice in Campbell v. Evert [1]….

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Medical assistance in dying

The Canada Revenue Agency (CRA) was asked whether medical assistance in dying would be considered a medical service for the purpose of the medical expense tax credit (METC).  Not surprising, their answer was yes. In their view, the services for medical assistance in dying are medical services for the purpose…

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