All About Estates

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My Final Blog

This will be my last blog for ‘All About Estates’ as I have made the decision to return to my home province of British Columbia and I will be moving from Toronto to Vancouver in August. I have very much enjoyed being part of this blog – I think that…

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Are We There Yet? Waiting for an Inheritance

Do you wonder why many seniors are reluctant to discuss estate planning with their children? There is the obvious awkwardness of talking about death but also the potential for financial vulnerability. A recent Ipsos Reid survey, commissioned by HomEquity Bank, says 35 per cent of Canadians are “waiting” for money…

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Death of the Cemetery Business?

The cemetery business is changing vastly in Canada. In his Globe and Mail article on May 29, 2014 “The battle for your bones: Death goes corporate in Canada”, Charles Wilkins discusses the business of burial including the shortage of land in urban areas and the burden of perpetuity in the…

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DUTY TO CORRECT EXAMINATIONS

As we know, estate litigation can sometimes drag on for many years with the parties conducting multiple examinations for discovery. Over the course of time it can be easy to forget our obligations under Rule 31.09 of the Rules of Civil Procedure. According to the Rule, after an examination for…

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Supreme Court decision on Summary Judgment

Last week the Supreme Court of Canada came out with its long awaited decision in the Combined Air Mechanical Services Inc. v. Flesch omnibus ruling.  The appeals were dismissed; however, the Supreme Court found the Court of Appeal’s full appreciation test too burdensome and creates a new Roadmap/Approach to be…

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