All About Estates

Month: January 2014

Total 20 Posts

Making it personal

It’s not unusual for parents during their lifetime to lend money to children. In many cases, the loans do not bear interest and have no set repayment terms. Sometimes those kids even move away and when that happens the loan receivable by the parent becomes a foreign asset that may…

Continue Reading

Federal Non-Profit Corporations – Continuance Deadline is Approaching

Readers of this blog who are in some manner associated with federal non-profit corporations will likely already be aware that a new federal non-profit corporate statute, the Canada Not-for-profit Corporations Act or “CNCA”, was proclaimed into force on October 17, 2011. The CNCA does not automatically apply to existing federal…

Continue Reading

Mental Health Awareness

Yesterday was Bell Canada’s ‘Let’s Talk’ day which is in support of mental health awareness. Bell has opted to talk openly about mental illness with the hope of reducing stigma so that people can get the help they need. One in five Canadians will have or have had a mental…

Continue Reading

Supreme Court decision on Summary Judgment

Last week the Supreme Court of Canada came out with its long awaited decision in the Combined Air Mechanical Services Inc. v. Flesch omnibus ruling.  The appeals were dismissed; however, the Supreme Court found the Court of Appeal’s full appreciation test too burdensome and creates a new Roadmap/Approach to be…

Continue Reading

Get the Will done!

Years ago I worked at a charitable foundation of a large cancer hospital. One day I was visited by an older patient who wanted to donate shares owned by his late wife. He was her executor and sole beneficiary, and two years after her death he had not initiated the…

Continue Reading

Limitation Period Precludes Motion to set Aside Releases

In the usual litigation battle, a release operates as a “shield” in the sense that if a beneficiary sues an estate trustee, the estate trustee can use the release as a defence.  In Re: Sheard, the estate trustees were able to use signed releases to preclude them from having to…

Continue Reading

Estate and Trusts with Foreign Properties and/or Transactions: Reporting Implications

The Income Tax Act (“ITA”) requires persons and partnerships to file information returns in respect of foreign property ownership and transactions with non-residents. This extends to trusts and estates. Those who file such a return late or do not file one on demand are liable to a penalty or penalties….

Continue Reading

What Can the CCAC Do For Me?

I had an opportunity to participate in a discussion on resources provided by the Community Care Access Centre (CCAC for short). Part of my role as a geriatric care manager is to make sure our clients are living as well as they can and this includes being aware of resources…

Continue Reading

Assisted Suicide Case to be heard by the Supreme Court

In October 2013 the British Columbia Court of Appeal released its decision in Carter v. Canada overturning the BC Supreme Court’s decision which, inter alia, determined that s.241(b) of the Criminal Code banning assisted suicide infringed a person’s s.7 Charter rights. The Court of Appeal could not distinguish Carter from…

Continue Reading

The Elephant in the Room

I recently had the pleasure of participating in a national speaking tour – Living longer, living better – along with Patty Randall. The tour was hosted by HollisWealth to help celebrate its new identity. Patty has been described as “one of the pre-eminent experts, writers, speakers and media commentators on…

Continue Reading