We know from Pecore v Pecore, 2007 SCC 17 that when a parent gratuitously transfers title into joint tenancy with the parent and adult child as joint tenants, there is a presumption of resulting trust. Where there is sufficient evidence to prove on a balance of probabilities that the intention of the parent was a true joint tenancy with a right of survivorship, the presumption of resulting trust is rebutted. Even where a true joint tenancy with a right of survivorship exists, a unilateral action by a co-owner may sever the joint tenancy.
Month: July 2016
Total 19 Posts
There are lots of terrible and terminal diseases. We don’t get to choose which one (s) await us. Fortunately researchers are making some great discoveries.
What constitutes “insane delusions”? How may those delusions affect a testator’s ability to execute a valid will? Dr. Richard Shulman explores.
In my last blog, I wrote about the role of “beneficial” ownership in the determination of whether a property qualifies for the principal residence exemption. With an acknowledgment to Keith Masterman of “Advisor.ca”, I thought I would take the opportunity to write about some other “what if’s” and how the…
Felty v. Ernst & Young LLP, 2015 BCCA 445, is an interesting case from the Court of Appeal of British Columbia. The issue on appeal was whether the trial judge erred in concluding that a retainer agreement clause limiting the respondent firm’s liability to the amount of its fees was…
Health Minister Eric Hoskins says: “”I can’t overestimate the importance of this component.” “This will provide that much needed break for caregivers who give so much of themselves to provide daily, around-the-clock care for our loved ones.”
Last year, a son was accused of murdering his parents in Connecticut after they threatened to take him out of their will. There have been a handful of cases over the past century in Canada with similar tragic circumstances. The long established rule in Canada (known as the “slayer rule”…
The Canada Revenue Agency (CRA) was asked whether income allocated by a US trust to a resident of Canada retains its nature as a dividend.
A Trust Company is the only legal entity that can act as a trustee by holding property in trust for such functions as executors, trustees, and administrators of estates and personal trusts.
In my last blog I noted that at the recent STEP conference, representatives of the Canada Revenue Agency confirmed that the introduction of the new qualified disability trust (“QDT”) rules had not restricted the ability to use the preferred beneficiary election, provided the requirements for the preferred beneficiary election are…