The Law Society of Ontario’s (“LSO”) Guide to Navigating Client Capacity Concerns (last updated August 14, 2024) is instructive of the responsibility of lawyers and paralegals in Ontario to assess for capacity. As explained in the Guide available online: When a lawyer or paralegal meets with a new or existing…
Today’s blog was written by Kelsey Buchmayer, associate with the Ottawa office of Gowling WLG (Canada) LLP Registered plans are an important factor to consider in an individual’s estate planning, whether it’s from a tax-planning perspective, bypassing probate and probate fees, or distributing assets in a specific manner. There are…
Today’s blog post has been written by Karen La Caprara, Counsel, at Fasken LLP. When two abutting parcels of land or properties are owned by the same owner or owners, title to the properties automatically merges, unless an exception to this general principle applies.[i] Once title to the abutting…
A report released in early 2024 reported that the average adult internet user spends six hours and 40 minutes every day online.[1] The typical social media user spends just shy of two and a half hours on social media per day.[2] Though some internet and social media use can of…
In the recent Ontario Court of Appeal case of Leith v. Leith Estate, 2024 ONCA 863 (CanLII), the Court heard two motions before it. The appellant is the spouse of the deceased. In the lower court the spouse argued that she was entitled to an equalization payment as the deceased…
This post was written by Jess Merber and Jo-Anne Ryan – TD’s Private Giving Foundation and Philanthropic Advisory Services. With the charitable giving season in full swing, it’s important to understand year-end tax planning and the value it can offer to clients who have charitable ambitions. When talking to clients,…
With holiday shopping in full swing, friends and family must be alert for financial issues with older people. Financial scams are also rising as we get closer to the holidays. If an older person falls victim to scams or has new problems with banking or paying bills, this could be…
My husband and I recently went on a trip to Peru to celebrate our 35th wedding anniversary. It was an adventurous 18-day tour, amazing but exhausting. One of my favourite parts was the beginning of our trip when we spent four days at an Amazon jungle lodge. Part of…
Law school requires reading an abundance of case law. I am sure that most lawyers have a few memorable cases that standout from their time in class (Lord Denning; the ginger beer snail etc.). There are cases that have stood the test of time; cases that caused a momentous shift…
Some stuff happened, and now people are fighting about what exactly happened. To find out what happened, evidence is needed. In estate litigation, there are special principles and rules of evidence along with the usual ones to be considered. The recent case of Koutsovasilis v. Carreira, provides a useful summary…