Big Gifts Can Lead to Big Problems

Friday, July 3rd, 2015

Attorneys for property be warned – if you make large payments to yourself from the incapable person’s property, be prepared to justify and account for those gifts.  Failure to do so may result in lengthy litigation. Such was the case in The Bank of Nova Scotia Trust Company v James.  Mr. ...

The Sorry State of Civil Trials in Ontario

Tuesday, June 23rd, 2015

The length and cost of civil trials is an ongoing and significant problem in Ontario. Chief Justice Strathy of the Court of Appeal has warned: “Our justice system has become so cumbersome and expensive that it is inaccessible to many of our own citizens.” Access to justice is an issue ...

VALUATIONS AND REVERSING TAX REASSESSMENTS: Lessons learnt

Monday, June 22nd, 2015

I have been writing about valuations for estate plan agreements, highlighting that they should be based on fair and reasonable methods, prepared in good faith, properly supported and documented at the time of valuation. This approach to valuations should also apply to other estate planning and charitable giving arrangements. Take donations ...