On March 16, 2020, the Superior Court of Ontario released its decision in Calmusky v Calmusky. In Calmusky, the Court applied the presumption of resulting trust to a RIF that was designated to a particular beneficiary. The beneficiary was unable to rebut the presumption, and the Court ordered that funds…
Most know that you don’t have to be legally married to have a “spouse” for income tax purposes, although legal marriage will work. If you have been living with someone in a conjugal relationship for 12 months or more regardless of your sex at birth, you will be considered spouses…
Today’s blog was written by guest blogger, Yvonne Mazurak, Articling Student at Fasken LLP. With today being Black Friday, it seemed appropriate to write a post about things. Afterall, many of us will likely spend some time this weekend taking advantage of Black Friday deals and buying things for our…
This blog was written by Paula Lester – Estate and Trust Consultant with Scotia Wealth Management No one can question that Eleena Murray, who passed away in May 2017 at the age of 99, had charitable intentions. On the other hand, exactly how charitable her intentions were is at the…
Do you have to serve all respondents with all materials filed in an application? Only if the person has filed a notice of appearance or the court orders otherwise.
A few months ago, I was sent this article in the Globe and Mail.[1] The article explores the notion of introducing legislation to legalize electronic wills in Ontario. Although some of us here in the estates and trusts world have experience deducing what the positives and negatives of electronic wills…
In Ontario, the Family Law Act (“FLA”) regulates the division of property and the availability of spousal support on separation or death.
In Poitras v. Canadian Cancer Society et. al., 2020 ONSC 4935 (CanLII), a decision on a motion, the Estate Trustee/moving party sought an order setting the terms of a release so an interim distribution could be made. The responding party argued that an interim distribution could not be made until…
This blog was written by Lara Besharat As the pandemic trudges on, jurisdictions are bowing to pressure, allowing for what was once a rigidly fixed process to be done virtually. In Canada, a will historically required the physical presence of two witnesses alongside the testator to be considered valid. However,…
The gratuitous transfer of property from a parent to an adult, capable child may result in a resulting trust.
