This Blog was written by: Taylor Sergeant When I read about this famous case out of Saskatchewan it immediately spoke to me: my father is a farmer, and anytime I hear anything about tractors or farming, my ears perk up, and I am always immediately interested. The facts: June 8,…
Month: August 2023
Total 18 Posts
In Gilbert v. Girouard, 2023 ONSC 4445, a brother and sister brought a challenge to their father’s wills. The siblings alleged that their third sibling, who was named as estate trustee, exerted undue influence over their father. They also alleged that their father lacked testamentary capacity at the time of…
Navigating the elder management landscape can be overwhelming and complicated – especially when siblings and stepsiblings do not get along. While elderly family members may have an estate plan in place, the execution of the plan can be challenging, especially when it comes to care. Eventually, elderly family members may…
Today’s blog is written by Latoya Brown, Articling Student at Fasken LLP. The tragic death of soap opera actress of “Another World” Anne Heche, was an unexpected loss for her fans and family. She succumbed to her injuries on August 11, 2022, a week following a car accident that left…
This Blog was written by: Alicia Mossington (Godin), Estate and Trust Consultant, Scotia Wealth Management What happens if a beneficiary believes that a trustee is acting improperly, or refuses to distribute funds? United States Senator Dianne Feinstein is suing the trustees of a fund set up by her late husband,…
The question of who will bear the costs of a proceeding at the end of the day is often hotly debated, but the matter may be more complex in cases where the litigation concerns the guardianship of, or issues relating to, an incapable individual. The court in Fiacco v. Lombardi…
By: Andrea Brodey, ECI social worker: As our population ages, the topic of aging and sexuality has become increasingly relevant. Society has long seen sexuality as a young persons’ domain. Both the public and medical professionals can be dismissive and uncomfortable with the idea that older people often still desire…
Working in the estates administration area we are called upon to advise and guide clients on their duties, obligations and responsibilities in connection with their role as the executor for the estate. What happens when your client is also a lawyer? This blog is not meant to provide legal advice…
Early in my charitable planning career my employer was offered a donation of islands on Georgian Bay. Surrounding the 100-year-old family cottage were sheds, cabins and boat houses. The donors had a vision: it would be a children’s camp. It was a stunning property. Valuable, despite the sagging, mouse-infested buildings. …
Declaratory Relief Defined It is well understood that a court can order a party to do something or order a party to refrain from doing something. Another power of the court is its ability to make declarations. The Court of Appeal for Ontario defined a declaratory judgment in Bryton Capital…