All About Estates

Month: July 2023

Total 14 Posts

Seeking disclosure of a lawyer’s file to prove substantial compliance

White v. White, 2023 ONSC 3740 A recent case heard before Justice Myers of the Toronto Estates List provides an interesting discussion of orders for the production of a will-drafting solicitor’s file, and shows the limits on such orders being sought under Ontario’s move to ‘substantial compliance’, which occurred in…

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When Estates Law Meets Criminal Law: A Recent Case of a Fraudulent Will

Estates law doesn’t typically make the news, so my attention is always piqued when I see a headline about a Will. A recent criminal case featuring a fraudulent Will made front-page news, and serves as a reminder of what a powerful document a Will is, the need to carefully plan…

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Bill C-22, the Canada Disability Benefit Act: an update

This Blog was written by Jane Martin, Scotia Wealth Management Winding its way through the Senate approval process, Bill C-22, the “Canada Disability Benefit Act” reflects a promise by the federal government to introduce a guaranteed income supplement for Canadians with disabilities. Person living with disabilities comprise a disproportionate percentage of…

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The SDA and Parens Patriae Jurisdiction

Power of attorney and guardianship disputes are fairly common in the estate litigation world. Oftentimes, siblings proceed to court as a result of allegations of financial abuse or a failure to look after the health and care of an incapable parent, in accordance with what is required of an attorney…

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