Statistics Canada released last week (Sept 24, 2014) the latest data on Young Canadians providing care. This information uses data from the 2012 General Social Survey on Caregiving and Care Receiving. In 2012, 27% of young Canadians between the ages of 15 and 29 provided some form of care to…
In 2012 Justice Tausendfreund found a deceased had made a promise to bequeath his farm and cottage to his grandsons provided they worked on the properties for him which the grandfather did not do. After trial Justice Tausendfreund ordered the properties be conveyed to the grandsons in fulfilment of that…
First I read an article in Maclean’s titled Seniors and the generation spending gap (interestingy, the tablet edition has the more provocative title “Old and Loaded”) which discusses how today’s seniors are the “wealthiest generation in history”. Next, I read Audrey’s blog – September is World Alzheimer’s Month – where I learned that…
Starting October 1, 2014, the Ontario Rules of Professional Conduct (ROPC) are being updated with a number of new rules, the first big change since 2000. While many of the changes will likely be of interest to practitioners, there are a number of new rules that are intended to more clearly…
‘Hot-tubbing’ (also known as ‘concurrent evidence’) is a practice that has become popular in Australian courts and has recently been adopted by English courts and only very recently by Canadian courts (Antonia Croake and Louise Mallon, Commercial Litigation Newsletter, October 2013 ; Ruth Corbin, Advocates Journal Spring 2014). The technique…
World Alzheimer’s Month, which was launched in 2012 is observed in September every year. This year it was yesterday, September 21, 2014. The Alzheimers Society shares that dementia is a general term that refers to a variety of brain disorders. Alzheimer’s disease is the most common form of dementia. We…
Yesterday the Law Commission of Ontario released its Consultation Paper in its Simplified Procedures for Small Estates project (a project I with other members of the bar have been involved with). The Simplified Procedures for Small Estates project is looking at whether a simplified process for the administration (i.e. probate)…
Most clauses in a Will are (or should be) clear on their face. That being said, certain standard clauses – even when drafted in plain English – may be opaque to the layperson. The “persons born outside marriage” clause is a good example of a provision which begs an explanation. In…
Can individuals who may have an obligation to support a person making a dependant’s support claim against an estate be added as parties to the support claim? That was the question before the court in Brash v. Zyma. The short answer? Yes. In 2012, Charles Douglas Brash died. At the…
My fellow bloggers and I have written in the past about the ins and outs of legitimate probate fee avoidance arrangements available to a testator. These arrangements include an intervivos transfer of assets such as alter-ego trusts. Care and advice must be taken to ensure that the transfer of assets…
