November 2015

Health Navigation Needed

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One of the most important components of good caregiving and in fact, good health – is advocacy. Report after report refers to the need for patient navigation. I, along with my fellow bloggers have all echoed the importance of Powers of Attorney. Having someone who knows your wishes, desires and particular circumstance and who can speak for you when you can no longer speak for yourself, is absolutely required. However….

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Elder Care, Geriatric Care Management, Power of Attorney

International Couples, Beware!

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In Burkhardt v. Burkhardt Estate, 2015, the Ontario Superior Court addressed the issue of common habitual residence to determine the wife’s entitlement to her husband’s estate, and in doing so, highlighted the interplay of Family and Estates law in Ontario. The testator, Walter Burkhardt was an entrepreneur who left Germany for Ontario to start a winemaking business. His wife, Irene Burkhardt, refused to join him and continued to reside in….

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Estate Planning, Spouse

Power of Attorney Terminated Despite No Misconduct

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When a dispute arises inside a blended family over who will make substitute decisions for in incapable person, the court may have to step in. In Corewyn v McCulloch, 2015 ONSC 6039, Justice Sweeny appointed the incapable person’s daughter as her guardian, despite the existence of a valid power of attorney and the absence of any misconduct on the attorney’s part. Bill and Ena had been married for over thirty….

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Elder Care, Elder Law, Family Conflict, Geriatric Care Management, Guardianship, Power of Attorney, Powers Of Attorney and Guardianship Disputes

Unborn children and the 24 month capital gain exemption test

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In Pellerin (2015 TCC 130) the Tax Court of Canada was asked to determine whether shares sold by a child before his 18th birthday qualified for the capital gains exemption. Taxpayer wins – the Tax Court took the view that the clock starts at the time of conception and had some interesting comments in their decision. One of the tests to be satisfied for one to access their capital capital….

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Estate Planning

ONCA Considers: Trust Funds for “Use” of a Discretionary Beneficiary – Is Accumulating Wealth a “Use”?

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A very recent decision from the Ontario Court of Appeal (Holgate v. Sheehan Estate, 2015 ONCA 77) considered the question of whether the accumulation of wealth should be considered a “use” of trust income or capital…..

ONCA Considers: Trust Funds for “Use” of a Discretionary Beneficiary – Is Accumulating Wealth a “Use”? Continue Reading »

Estate Planning
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