The multi-faceted Rule 7 of the Ontario Rules of Civil Procedure often comes into play in estate litigation. Generally, in estates cases, the Rule may be engaged when there is a settlement impacting a person under disability (i.e. a minor, an absentee within the meaning of the Absentees Act, or…
Many of us are speaking to our clients about estate planning or supporting clients who are speaking to their other advisors about estate planning. Have you thought about the questions that we pose to such clients. Have you thought about your estate plan? Is your will drafted as per your…
Mobility and being able to move independently is a crucial lifestyle planning factor people often overlook. As families are out enjoying the summer weather and travelling again, we wish more people understood that being able-bodied[1] and independently mobile is a temporary state. Life happens – a car accident or healthcare…
I am tired of hearing about bad news, forest fires, shootings, untimely deaths and anything else you would like to add to this list. We all need to find our own zen place- where we can relax and unwind. For me that is at a golf course. As strange as…
In disputes relating to the guardianship of an incapable person, the subject of their representation often arises. The appointment of counsel pursuant to section 3 of the Substitute Decisions Act, 1992, S.O. 1992, c. 30 (“section 3 counsel”) is often treated as akin to or even the same as the…
While we all may be aware of the dementia crisis that is increasingly heading our way, it often takes a celebrity to truly raise the issue and increase our general awareness levels. I am referring to FTD or frontotemporal dementia and Bruce Willis’ recent diagnosis. Dementia is a syndrome describing…
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.
The 2021 Federal budget[1] announced proposed changes to the Disability Tax Credit (DTC) to broaden its scope and provide more clarity. These proposed legislative changes are now law with an effective date of January 1, 2021[2]. The Disability Tax Credit A taxpayer has access to the DTC when Canada Revenue…
In Canada, the law no longer restricts medical assistance in dying (MAiD) to people whose death is reasonably foreseeable: as of March 17, 2023, people with a mental disorder as a sole underlying medical condition (MD-SUMC) will be eligible for MAiD.
A Dead Give-Away Did you know that deathbed wills are the original will? In medieval Europe, for all but those in high society, will-making was synonymous with efforts right before death. Luckily, this type of estate planning is no longer the status quo. However, deathbed wills have persisted as a…