Undue influence results in benefits to a beneficiary/donee which would not have occurred except for the undue influence imposed by the beneficiary/donee upon the testator/donor. Undue influence can be conceptualized into two distinct types: (1) “actual” undue influence and (2) “presumed” undue influence. Actual undue influence is concerned with coercive…
This Bog was written by; Sally Lee Is Priority Given to a Spouse/Common Law Partner to be an Executor in an Intestacy? No, but I can understand why this misconception exists. Subsection 29(1) of the Estates Act creates the confusion by naming the surviving spouse/common law partner before the next…
In the work I do, I am asked to provide expert testimony to support litigation. In some cases, I am often quite surprised to what extent parties will continue to litigate matters that appear to be “no-wins” or for small dollar amounts. Depending on the circumstances, parties have taken the…
I had previously blogged on the state of loneliness and the efforts being made in the UK with the creation of a Minister of Loneliness. We know that this is also a huge problem in own backyard and one that we continue to need to be aware of. My colleague…
The recent passing of Aretha Franklin on August 16 means the music industry has lost yet another icon. It also, however, serves a useful reminder – even those who appear to have all the financial success in the world, don’t necessarily ensure their financial affairs are in order. Shortly following…
Earlier this week, the Law Commission in the UK confirmed that electronic signatures can be used to sign formal legal contracts under English law. John Hancock is rolling over in his grave. In England and Wales, the Law Commission is an independent legal advisor set up by Parliament to review laws and recommend reforms. The Commission has issued…
On August 17, 2018, Justice Fred Myers released his reasons for dismissing a pastor’s request to extend a July 2018 publication ban and order sealing the court file in respect of a paternity lawsuit brought by the pastor against a former congregant and lover who claimed he had fathered her…
Over the last few months I have attended two 90th birthday parties. Both had a common theme for me, which was how good it is to have family and friends around. Both of these 90 year old gentleman are still sharp, engaging and while less active than they once were,…
A battle has been waging in Canada since 2012 over “political activities” by registered charities. The previous Federal Government initiated an audit by Canada Revenue Agency (CRA) of 60 registered charities, which was discontinued in 2017 by the current government. On July 16, 2018, the Ontario Superior Court of…
In my last blog I described some important changes to the Ontario Disability Support Program (“ODSP”). Specifically, I looked at certain provisions of Ontario Regulation 278/18 (“Amending Regulation”), which amended Ontario Regulation 222/98, the General ODSP Regulation (“ODSP Regulation”), to: eliminate the $10,000 limit on voluntary payments to ODSP recipients…