March 2017

Who wants to live forever……………through a digital bot version of themselves?

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This Blog was written by Robert Boyd Absurd as the title may suggest, this is a possibility. The technology now exists for a robot to tweet, send and reply to text messages and post on social media profiles after a person’s death. The Artificial Intelligence(AI) will mimic the deceased’s personality and recreate communications in the same style as they would while they were alive, even taking on their sense of….

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Estate Administration, In the News, Uncategorized

Is Probate Required To Appear Before Tribunals?

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Does an estate trustee have to apply for probate in order to represent the estate before an administrative tribunal? Two administrative tribunals – the Workplace Safety Insurance Appeal Tribunal and the Humans Rights Tribunal have taken different positions. An estate trustee does not always require probate (the formal term is a certificate of appointment of estate trustee with a will). There are many good reasons for an estate trustee to….

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Estate Administration, Estate Administration and Probate Applications, Executors, Wills

Do I need to apply for a trust account number?

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Attention turns to the filing of T3 trust income tax and information returns with the end of March in sight.  If you are trustee of a new Trust you may wonder if an identification number is required? Like a social insurance number or a business number, the trust identification number serves as way for the Canada Revenue Agency (CRA) to identify the Trust in its assessments, associate payments received and….

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Canada Revenue Agency, Estate Administration, Executors, Tax Issues

The Times Are A Changing and Our Laws & Policies Should Too

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Further to my colleague Diane Vieira’s March 15, 2017  blog, in which she summarized the Law Commission of Ontario report on legal capacity, decision-making and guardianship in Ontario, I wanted to highlight some key recommendations that I found to be particularly relevant. Over the last while, I have noticed a few changes including: Many of our older clients have outlived their family and friends We are also seeing an increase….

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Capacity Law, Elder Law, Geriatric Care Management, Power of Attorney

Fresh From the Ontario Court of Appeal: A Curious Case of “Just” Enrichment

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This month, the Ontario Court of Appeal released its decision in Moore v. Sweet, 2017 ONCA 182. The case discusses several issues, but its discussion of unjust enrichment carries the day. In particular, the decision hinges on whether an irrevocable beneficiary designation executed subsequent to an agreement to designate a different beneficiary of the policy constitutes a juristic reason for the enrichment of the irrevocably designated beneficiary. The essential facts….

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Uncategorized

Demonetization – Dreams Become Nightmares

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This Blog was written by: Gosha Sekhon I recently visited India and thought I would share some interesting information. My family has travelled back to India on numerous occasions since my parents immigrated to Canada in the early 1980s. On this trip, we were surprised to learn about the federal government’s plan to demonetize certain currency notes. In 2016, the federal government of India, led by PM Modi, took bold….

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Estate Administration, International, Uncategorized
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