July 2016

Mother and Daughter Joint Tenancy Gone Awry

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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…..

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Estate Planning

Principal Residence Exemption and some of the “What if’s”

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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 exemption may or may not apply. As an executor or trustee, you may encounter these scenarios and it might be….

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Canada Revenue Agency, Cottage, Estate Administration, Estate Planning, Executors, Investments, Joint Tenancy, Property, Real Estate, Tax Issues, Trustee, Trusts

Satisfaction or Your Money Back (And Not a Cent More) – Felty v. Ernst & Young LLP

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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 enforceable. The respondent, Ernst and Young (EY), was hired to provide tax advice in respect of divorce proceedings and a….

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Retainer Agreement

News Flash: ‘Ontario provides $100 million for homecare clients and their caregivers’

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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.”….

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Elder Care, Geriatric Care Management
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