The family caregiver plays a key role in supporting the very fabric of Canadian society. The most recent Census data tells us that 28% of all Canadians provide unpaid care to a family member or friend. If you are reading this article, chances are you are or know someone close to you who is a family carer. Today there are more seniors over age 65 than children under age 14…..
When There Is No Family Caregiver Continue Reading »
CaregivingOntario’s “new” parentage rules, contained primarily in the Children’s Law Reform Act (“CLRA”) and implemented through the All Families Are Equal Act, have been in force for more than two years, having become effective on January 1, 2017. There have now been several reported decisions that interpret and apply the rules. The decision of L. Madsen J. in M.L. v. J.C., 2017 ONSC 7179 is an important decision in that….
Mind the Gap! And Put On Your Parens Patriae Continue Reading »
UncategorizedAnnulment is one of those antiquated words the whispers “convenience” and “pragmatism”. Failed or incomplete marriage? Divorce not an option? A Church-granted annulment will set both partners free. Annulment is also a term in the Income Tax Act that applies to registered charities and registered amateur athletic associations. It’s rarely used, and the rules, as with marriage, are forgiving and practical. 206 Annulments The CRA database of registered charities currently lists 206 registered….
Annulled Charities Continue Reading »
Estate Donations, Estate Planning, Philanthropy/Charitable Giving, Uncategorized, Wills
A passing of accounts is the process whereby an estate trustee (or other fiduciary) provides the beneficiaries with a summary of all estate assets, liabilities, and transactions, in a given period. A passing of accounts can be done informally or through a court application. It provides transparency to the beneficiaries and protection to the estate trustee. Because the role of estate trustee is often filled by family members with little….
Passing of Accounts –Made to Measure (Law)Suits Continue Reading »
Estate Administration, Estate Litigation, Family Conflict, Passing Of Trustees’ and Executors’ Accounts, Trustee, Trustee Disputes, WillsStyres v. Martin 2018 ONCA 956 is a case of a gift that unfolded a saga (not over yet and far from it) of diminished capacity, alleged breach of trust, breach of fiduciary duty, unjust enrichment, undue influence to name a few. Mr. Styres lived in a house he built on land given by his father, for about 20 years, when in 1998, he suffered a very serious brain injury….
When is a Gift not a Gift? Continue Reading »
Capacity Law, Caregiving, Disability, Estate Litigation, Power of Attorney, Property, Real Estate, Resulting Trust, Trusts, Uncategorized, Undue influenceI have recently returned from a fantastic trip to Asia- which had been on my bucket list. The trip started in Japan and it was a perfect launching point to see how aging matters and learn about some of the differences and similarities in our cultures. People live longer in Japan and in fact have the longest-living population in the world with 43% of the population predicted to be 60….
Appreciating Japanese Differences and Similarities Continue Reading »
Elder Care