All About Estates

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Can an Attorney for Personal Care Make Decisions about Organ Donation?

Many people believe that a Power of Attorney for Personal Care is the proper tool in which to express their intention to donate organs.  Is this correct?  If so, does this mean that an attorney for personal care may be granted the authority to make decisions regarding the grantor’s organ…

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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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Where to Go? Rise of the Senior Relocation Industry

There is a growing industry that provides relocation assistance to older adults and their families. A lot of seniors are turning to professionals to make informed decisions to avoid the costly mistakes and remorse that can accompany major lifestyle transitions. The guidance that is available covers such things as whether…

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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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You’ve Got…No Spam Anymore! Canada’s Anti-Spam Legislation

What is Canada’s Anti-Spam Legislation? You’ve probably been receiving a lot of emails lately asking for your consent to receive further electronic messages. These emails arise from new Canadian legislation with the not-so-memorable full title, “An Act to promote the efficiency and adaptability of the Canadian economy by regulating certain…

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The Canadian Medical Association Speaks on the End of Life Debate

The Canadian Medical Association, the national organization representing most Canadian physicians, released its report on End of Life Care in June 2014. This is an issue that has seen nationwide dialogue recently and the release of this report confirms that this dialogue will continue. The CMA made a few recommendations,…

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WHAT IS THE DIFFERENCE BETWEEN A WILL, A LIVING WILL AND AN ETHICAL WILL?

A Will is a written and signed document that names one or more estate trustees to manage your assets and provides a plan for passing your assets on after you die. If you don’t make this plan yourself, the legislature has provided a default plan through statute. A living will,…

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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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