All About Estates

More Tech Companies Are Implementing Digital Legacy Planning

When it comes to estate planning for one’s digital assets, it is now no secret that, depending on the organization(s) involved, options can be limited. This is particularly the case for online accounts. A few years ago, Fasken published a bulletin titled “Estate Planning and Online Accounts”. This bulletin examined…

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The Anxiety of Preparing an Estate Plan: What can we do to help

This Blog was written by Emily Racine, Estate and Trust Consultant with Scotia Wealth Management After being in this business for nearly a decade, I often hear from clients about the stress and worry that is associated with estate planning. This stress can often cause a blockage for some clients…

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The Importance of Fiduciary Duties

The Oxford Dictionary defines a fiduciary as a person in a position of trust, especially when it involves controlling money or property belonging to others. The law places particular emphasis on the trust relationship between a trustee and a third-party beneficiary. Among other duties, a fiduciary is required to: (1)…

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Bill C-208: The saga continues…

On June 29, 2021, the Private Member’s Bill C-208, regarding the transfer of small businesses and family farm or fishing corporations (the Bill), received Royal Assent. The Bill limits the application of section 84.1 on inter-generational business sales. Avoiding section 84.1 allows the vendor to receive capital gains treatment on a non-arm’s…

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Changes to Consent to Medical Assistance in Dying

Changes to MAiD laws will allow some patients whose deaths are foreseeable to provide advance directives regarding medical assistance in dying.

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You Are No Longer Welcome Here

I recently had a very negative experience with the administration of one of the Long Term Care residences where our client  has resided over the last four years.   The PSW’s from a reputable home care company were told that they were no longer welcome  in this facility.  While I am…

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#FreeBritney: Conservatorship vs. Guardianship

Many of you have heard of the #FreeBritney movement which has been gaining media attention over the past few years. After Britney Spears’ very public breakdown due to mental health issues, a court in California appointed her father, Jamie Spears and a third party, as her conservators. The court appointed…

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Gifts and (Broken) Promises

This Blog was written by: Alicia Mossington (Godin), Estate and Trust Consultant, Scotia Wealth Management  There have been articles written over the years by my colleagues around gifting. Gifting can be a good estate planning strategy for many reasons. However, several recent cases highlight the importance of properly documenting intentions when…

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No Costs For You!

The recent case of Donovan v. MacKenzie, 2021 ONSC 1865 (CanLII) demonstrates the wide and sometimes unpredictable nature of a judge’s discretion when it comes to costs. In this guardianship dispute, the applicant sister (“Jacqueline”) and the respondent brother (“Kieran”) were embroiled in litigation relating to their father, John Kenneth…

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When Leaving Your Premises for Medical Reasons and Never Go Back: Need a Plan

I do a lot of work in the insurance industry. Recently, I came across a court case which I thik is a cautionary tale for estate planners and executors. In Gregson v. CAA Insurance., 2021 ONSC 3041, Ms. Gregson was a property owner and name insured on March 17,2017 when…

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