January 2014

It is a well-known drafting principle that when draftspersons are drafting Wills (and other legal documents), it is best to avoid: (i) using different words and phrases to describe the same thing; and (ii) using the same words and phrases to describe different things. Two cases illustrate the issues that can arise when these drafting principles are not followed. In Barbeau Estate 2012 ONSC 3249 (CanLII), which was summarized by….

January is Alzheimer’s Awareness Month. Like many of you, I think about Alzheimers quite often; not only the (not so) occasional memory lapses but for anyone who lives with dementia- closely impacting their own lives- the devastation it can bring. Do we need a special awareness month to remind us? Yes we do. Most of us are in denial. We don’t want to acknowledge losses and changes in the behaviour….

In the case of Potvin v. Windsor Police Services Board one of the plaintiffs (and the main complainant) was represented by the Public Guardian and Trustee as litigation guardian.  Mr. Potvin claimed he was hit in the head by a Windsor Police officer while being arrested which will cause him significant problems for the rest of his life. The PGT assessed the case after discoveries were complete and were of….

This is my 4th annual year end investment review for Trusts. Last year at this time, I went out on a limb and quoted a Globe & Mail reporter who predicted that the equity investment returns for 2013 would be 6% plus or minus 29%. You will be happy to know that the equity returns were within the parameters that were predicted at the beginning of the year, although just….

Gail Evans died intestate on July 30, 1992.  She was survived by her two sons from a first marriage, Richard and Donald, and by her second husband, Carlton.  Carlton was the administrator (i.e. estate trustee) of Gail’s estate.  The parties agreed Carlton was entitled to a preferential share of $75,000 and one third of the residue of Gail’s property.  Richard and Donald were also each entitled to one third of….

A spousal trust, by definition is a trust that must pay or make payable all of its income to the spouse beneficiary on an annual basis. Nevertheless, there may be a good reason to have the income taxed in the spousal trust. The spouse beneficiary may have in a given year, sufficient income from other sources such that an income designation from the spousal trust may not provide the intended….