All About Estates

Some Suggestions on Evaluating Undue Influence in the Court of Public Opinion

In recent weeks, Canadian politics has been rocked by the so-called “SNC-Lavalin Scandal.” One of the allegations has been whether former Attorney General Jody Wilson-Raybould was pressured or unduly influenced by the Prime Minister’s Office to resolve the corruption and fraud case against SNC-Lavalin in an effort to spare the…

Continue Reading

Fraudulent investment—recourse options

In an earlier post I provided general reporting information that applies to taxpayers who participated in what reasonably appeared to be a legitimate investment for income tax purposes and turned out to be a fraudulent investment scheme.  The economic losses in these situations can be devastating when compounded by the…

Continue Reading

What is super about this new super agency?

The news flash is that our healthcare system is about to be revamped.  It was announced that six agencies including Cancer Care Ontario, ehealth Ontario, Trillium Gift of Life Network, Health Shared Services, Health Quality Ontario and Healthforce Ontario Marketing and Recruitment Agency will be consolidated under a new umbrella…

Continue Reading

Golden Girls Act, 2019 – Will the Path to Cohabitation Soon be Paved in Gold?

Today’s blog is co-written with Jennifer Campbell, a law clerk in the Private Client Services group of Fasken LLP. Recently Durham MPP Lindsey Park tabled a private member’s bill (Bill 69), which looks to amend Ontario’s Planning Act to prevent municipalities from using local bylaws to prohibit seniors from cohabitating….

Continue Reading

Two Isn’t Always Better Than One: The Perils of Joint Accounts

This blog was written by Lara Besharat Earlier this month, a Toronto-based FinTech company launched a new feature for their app that aims to simplify the process of creating and maintaining a joint account. The app allows for joint accounts to be created and managed entirely via your mobile device,…

Continue Reading

Understanding the Role of Section 3 Counsel

The recent case of Sylvester v. Britton, 2018 ONSC 6620 (“Sylvester”) provides an excellent review of the law regarding incapacity, attorneys for property and personal care, capacity assessments, and other issues which often arise in estate/capacity litigation cases. While the decision addresses many interesting points, this blog will focus upon…

Continue Reading

When Cash is not King?

Most people keep their cash in bank accounts. However, to my surprise, some people still don’t, and for estate planning and administration purposes, this can be a real problem. Take the case of Temple v. Peddle, 2019 NLCA 2 in Newfoundland Labrador. Mrs. Peddle kept cash in a safe deposit…

Continue Reading

A Lot of Plots or a Plot of Lots?

Reading my colleague Diana’s blog of a few weeks ago, ‘Whose Land Is It Anyways’ ,  reminded me of my friend’s current challenge.   She owns a lovely piece of  prime real estate in a prestigious and sought-after location in mid-town Toronto (off Yonge Street) with a great view!  Sounds…

Continue Reading

Lifestyles of the Rich and the Famous… Or in this Case, One Rich and Famous Cat!

Today’s blog is being brought to you by guest blogger, Jennifer Campbell, a law clerk in the Private Client Services group of Fasken LLP. This week, the fashion world lost an icon with the passing of creative director for Chanel, fashion designer and artist, Karl Lagerfeld. While everyone reminisces about…

Continue Reading

Lights, Camera, Estates!

The Oscars are on Sunday, and I think we can all agree that the best movies always revolve around estates and trusts. Just look at the plot of my favourite Best Picture nominee this year: After an eventful career and life, the family patriarch suddenly passes away. Heartbroken and feeling…

Continue Reading