April 2022

Probate Forms are Changing…Again

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Today’s blog was written by Yvonne Mazurak, Associate, at Fasken LLP As my colleagues, Sandra Arsenault and Betty Laidlaw, have both described in posts earlier this year, Ontario Regulation 709/21 introduced significant changes to the probate procedure. Among the changes, which came into effect on January 1, 2022, was the introduction of new consolidated forms. Recently announced updates, set to go into effect on July 1, 2022, will impact the….

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Estate Administration and Probate Applications, Estate Litigation, Estate Planning

Capacity to Consent to MAiD: A Suggestion For Amendment

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I have found it uncommon for a family member or beneficiary to exert undue influence to pressure a patient to pursue MAiD. What worries me is the vulnerability of patients to undue influence from physicians who may embrace therapeutic nihilism and bias patients unduly towards MAiD. I suggest that, for capacity to consent to MAiD, the test of “ability to appreciate” should be expanded to require an appreciation of the views and wishes of supportive family members and friends…..

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Capacity Law, Disability, Elder Care, Elder Law, Estate Planning, Family Conflict, Healthcare, In the News, Medical Assistance in Dying, Power of Attorney, Spouse, Succession Planning, Testamentary Capacity, Undue influence

Children are not Chattels: Who Cares for a Child when a Primary Caregiver Dies?

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In Marshall vs. Snow, the court was asked to determine who should be awarded primary custody of a minor child following the death of her mother (the child’s primary caregiver). Prior to the mother’s death, the child’s father and mother shared joint custody but not equal parenting time or decision-making rights with the mother having final decision-making authority.  The child also resided with and was close to her maternal grandparents. A….

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Guardianship

Family gatherings and the 6th wave.

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I asked a friend how her holiday family dinners were and she shared an interesting and to me, sad story.  The dinner was being held at her cousin’s home in lieu of it being held at the cousin’s mother’s home as was the usual tradition.  The mother and her sister ( my friend’s mom) always shared these traditional dinners together and took turns hosting. My friend’s mom in her mid….

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Caregiving

Could Employee Ownership Trusts Soon Offer a Real Solution in the Succession Planning Dialogue

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It is no secret that there is a generational shift coming, both in wealth and the family businesses that often make up that wealth.  I could cite many articles to support this statement.  Leaving this fact aside, it is also no secret that no one has yet discovered the fountain of youth and cryogenics is not yet far enough along to provide a certainty of outcome.  The upshot is that….

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Uncategorized

Transparency v Anonymity

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The calls for greater transparency by charities in Canada is growing. Budget 2022 had a few promises of more reporting requirements for registered charities related to donor advised funds and disbursement quota, although the exact measures are still unclear. What does this mean for the charitable tradition of anonymous giving? Anonymity The great Spanish Jewish medieval philosopher Maimonides famously said that the highest form of charity is anonymous. It’s about….

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Philanthropy/Charitable Giving, Uncategorized
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