All About Estates

Month: March 2023

Total 20 Posts

Complaining about a charity

Charity regulators all have processes for members of the public to make complaints about the charities.  These processes reveal as much about the regulator and the underlying laws as they do about charity malfeasance.  Charities are generally good actors, but they do sometimes have lapses or get caught in internal,…

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Don’t be Vexed Over Security for Costs of an Appeal

Security for costs is designed to ensure that a defendant to an action or a respondent to an application does not have to incur the expense of a fulsome defence without the possibility of recovering a portion of her costs against the plaintiff/applicant.

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Is there a doctor in the house?

“Ontario will be short 33,000 nurses and PSWs by 2028”, financial watchdog projects. Folks, please pay attention, we are already feeling the shortage of medical care in our hospitals, long term care settings and of course, at home as well. My own family doctor is retiring and I suppose I…

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Intestacy 101

Today’s blog was written by Courtney Lanthier, Law Clerk at Fasken LLP. People in our profession often cringe when they hear the words “they died without a Will”, because as soon as we do, we can almost always envision problems arising. Unfortunately, it has become more and more common to…

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The Goose that Laid the Golden Egg

This Blog was written by: Kristie Smith, Estate and Trust Consultant, Scotia Wealth Management  Last week marked the 104th anniversary of death of Saginaw, Michigan lumber baron – and, evidently, eccentric millionaire – Wellington Burt, but only the 12th anniversary of the settlement and distribution of his estate. His is…

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Can Information from the Internet Be Used As Evidence in Court? 

In J.N. v. C.G., 2023 ONCA 77, the Court of Appeal for Ontario considered whether information from the internet was admissible in Court and reliable as expert evidence. Facts:  The appellant father and respondent mother were married for almost seven years before separating. They had three children. The oldest child lived…

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Implementing Powers of Attorney for Personal Care: Game Changers for Managing Care

Medicine can do many things but at the end of life what matters most is not necessarily treatment but making peace with yourself on your terms. Atul Gawande, Being Mortal. Advanced care planning is an evolving process where individuals outline their wishes regarding their care and medical decision-making based on…

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Atypical Asset Administration (Part 1)

This blog has been written by Sandra Arsenault, Law Clerk at Fasken LLP Picture this: you are an executor cleaning out your mother’s apartment. Under the bed you unexpectedly find five (5) handguns and a hand grenade. Do you (a) call the police, (b) secure the items somewhere safe until…

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Professional Advice is Key: Part 2 Pipeline Planning

This blog was written by: Craig Coulson, Senior Trust Officer Many professional estate administrators emphasize the emotional toll and time-consuming steps that are reduced or eliminated when a corporate executor is named in one’s will. Sometimes, beneficiaries may be unhappy with corporate executor fees, perhaps thinking if only they were…

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Adding New Parties to An Existing Litigation?

Joinder In the world of estate law, litigation is often unavoidable. Sometimes, facts and players will emerge after the initial pleadings stage, i.e., after litigation has already begun. In that case, a notice of application or statement of claim must be amended to add further respondents who are not already…

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