This blog was written by Christopher Cook, student-at-law. Medical assistance in dying (“MAiD”) is yet in its infancy in Canada. It was only in 2015 that the Supreme Court of Canada struck down as unconstitutional the Criminal Code’s prohibition on physician-assisted suicide. The following year, the Parliament of Canada amended…
Month: November 2022
Total 17 Posts
This past weekend was the American Thanksgiving. Black Friday sales and shopping and ‘savings’ ( an oxymoron, no?) advertisements were everywhere. Fortunately there is penance to be had with GivingTuesday, which is tomorrow. I can dissuade any guilt by giving to those less fortunate. According to givingtuesday.ca, this is “a…
Approaching year end, you increasingly may be fielding calls from corporate lawyer peers who are closing transactions in which trusts are involved. For example, trusts may be direct vendors or sellers, or, perhaps HoldCos are the sellers, but one or more trusts own the shares of the HoldCos. This blog…
Like so many other things, continuing care and living costs are on the rise. Whether you are a Henson Trust Trustee or a Discretionary Inheritance Trust Trustee, the onus to prudently manage investments is more crucial than ever. It is also imperative that investment plans fit the circumstances of the…
The beneficial ownership reporting for trusts (BORT) rules, originally announced in the 2018 Federal Budget on February 27, 2018, has made its way into the House of Commons. The original draft legislation released by Department of Finance on July 27, 2018 was updated on February 4th and on August 9th…
Reposted as timeless advice: Now that border crossings have opened, many families will be traveling this week for the American Thanksgiving holiday. If you live in a different city than your parents, the time spent together during the holiday can allow you to see how well they are managing. Be…
Today’s blog is co-written by Jennifer Campbell and Sandra Arsenault, Senior Law Clerks in the Private Client Services Group at Fasken. At the beginning of November, we were fortunate enough to attend the Institute of Law Clerks of Ontario (ILCO) annual conference in Niagara-on-the-Lake. This conference brings together law clerks…
A direct designation gift of RRIF or life insurance proceeds is an estate donation, but lawyers and executors have little or no role to play. Normal procedural and disclosure rules don’t apply. How do charities ensure they receive their intended gift? How does the estate receive its tax receipt? Direct…
If you’re a frequent reader of this blog, then by now it you should know that acting as a trustee comes with a minefield of obligations and duties. Sorry folks, but I’m adding one more to the pile. The Case In Galea v. Tybel et al., a trustee of a…
Reposted: My fellow bloggers and I write frequently about Powers of Attorney, however my concerns are often focused on the lack of planning when it comes to making Powers of Attorney for both Personal Care and Property. More specifically, although I do not have any statistical data, my subject matter…