All About Estates

Will The Vacant Home Tax Impact Use of the Principal Residence Exemption; Estate Planning Considerations

  Overview The Ontario government has enabled municipalities to enact a tax on vacant residential units in their regions (Granted under Part IX.1 of the Municipal Act).[1] Each municipality has to pass a By-Law stating the tax rate and conditions of vacancy that, if met, make a property subject to…

Continue Reading

Chinese New Year – A time to celebrate, plan and eat!

This blog was written by Jean Yong, Associate Estate and Trust Consultant with Scotia Wealth Management Chinese culture boasts a long and rich history. It is one of the world’s oldest cultures dating back thousands of years and includes a set of social norms and beliefs shared to a varying…

Continue Reading

The Judicial Preference for Non-Intervention in Guardianship Disputes

Guardianship disputes can be stressful and costly. Though each party wishes to do what is in the best interests of their incapable loved one, they struggle to reach an agreement about how to manage the incapable person’s personal care or property. These conflicts often make their way to the courts for resolution. But should they?

Continue Reading

More Commentary on the Evaluation of Capacity to Consent for MAiD

There appears to be a lack of consensus in the mental health field whether persons with a mental disorder-sole underlying medical condition can be adequately evaluated for capacity to consent to MAiD.

Continue Reading

Ushering in the Year of the Rabbit: Symbol of Longevity

Why is it important to determine a primary diagnosis and prognosis before assessing needs? Let’s get back to basics. If the dispute relates to the care of an elderly person, it is important to determine the person’s clinical baseline based on standardized assessments.

Continue Reading

Certain Recurring Tax and Estate Planning Questions from New Canadians

Today’s blog post was written by Rahul Sharma, Partner, Fasken Martineau DuMoulin LLP, Toronto According to a recent article in the Globe and Mail, Canada added more than 437,000 new permanent residents last year, while the federal government intends to admit 1.45 million more new permanent residents over the next…

Continue Reading

Estate donations that don’t get made

John Quinn was a corporate lawyer and Wall Street titan.  A bachelor known for his many lovers, Quinn was also America’s first great modern art collector and tireless public champion.  He was a friend of literary and art legends like Picasso, WB Yeats, and Joseph Conrad. Quinn died in 1924 of cancer…

Continue Reading

Costs where Will Challenge was Not Frivolous

On December 21, 2022, the Court of Appeal released its decision in Di Nunzio v Di Nunzio, 2022 ONCA 889 (CanLII) (“Di Nunzio”). The testator’s daughter appealed the lower court’s decision dismissing the challenge to her mother’s will (Di Nunzio v. Di Nunzio, 2021 ONSC 6689 (CanLII)). The daughter appealed…

Continue Reading

Valuation of Interests in Discretionary trusts and Family Law

These days, it is quite common to find intergenerational wealth transfer to consist of property held in a discretionary family trust whose beneficiaries may or may not have been in marital relationships at the time of the time the trusts were created. A siginifcant number of legal and financials issues…

Continue Reading

January is Alzheimers Awareness Month

Happy New Year. It was a busy start of the new year as families were eager to connect, speak with an expert, learn and gather information. As January is also Alzheimers Awareness Month, I thought I would share how my first week in January 2023 was spent with several new…

Continue Reading