March 2019

When Probate becomes an International Affair

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Co-written by Jennifer Campbell, estate clerk at Fasken Recently, we have dealt with a number of “international” estates, where (i) probate has been issued in a foreign jurisdiction, (ii) an executor is resident of another country, or (iii) a Canadian deceased held property outside of Canada. These matters have caused us to revisit the requirements set out for dealing with such international connections in order to obtain a Certificate of….

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Estate Administration and Probate Applications, Estate Planning

Status Indians: From an Estate Planner’s Perspective

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This blog was written by Andrew Ashenhurst, TEP – Associate Estate and Trust Consultant with Scotia Wealth Management   A close friend of mine is actively involved in the Aboriginal space from both an economic and social development perspective. In his work he has often reached out to me with respect to Estate/Trust & incapacity planning topics. Through research and educating each other, I’ve learned of some interesting differences that….

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Estate Administration, Power of Attorney, Uncategorized, Wills

Some Suggestions on Evaluating Undue Influence in the Court of Public Opinion

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In recent weeks, Canadian politics has been rocked by the so-called “SNC-Lavalin Scandal.” One of the allegations has been whether former Attorney General Jody Wilson-Raybould was pressured or unduly influenced by the Prime Minister’s Office to resolve the corruption and fraud case against SNC-Lavalin in an effort to spare the engineering giant from criminal prosecution. In her February 27, 2019, testimony before the House of Commons, Ms. Wilson-Raybould suggested that….

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Capacity Law, In the News, Undue influence

Fraudulent investment—recourse options

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In an earlier post I provided general reporting information that applies to taxpayers who participated in what reasonably appeared to be a legitimate investment for income tax purposes and turned out to be a fraudulent investment scheme.  The economic losses in these situations can be devastating when compounded by the fact there may be little to no tax relief given.  What if you feel the Canada Revenue Agency (CRA) has either misinterpreted….

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Canada Revenue Agency, Tax Issues

What is super about this new super agency?

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The news flash is that our healthcare system is about to be revamped.  It was announced that six agencies including Cancer Care Ontario, ehealth Ontario, Trillium Gift of Life Network, Health Shared Services, Health Quality Ontario and Healthforce Ontario Marketing and Recruitment Agency will be consolidated under a new umbrella organization called Ontario Health. And how could I forget, the LHIN[1]s, which only recently replaced the CCAC[2]s will also be….

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Healthcare

Golden Girls Act, 2019 – Will the Path to Cohabitation Soon be Paved in Gold?

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Today’s blog is co-written with Jennifer Campbell, a law clerk in the Private Client Services group of Fasken LLP. Recently Durham MPP Lindsey Park tabled a private member’s bill (Bill 69), which looks to amend Ontario’s Planning Act to prevent municipalities from using local bylaws to prohibit seniors from cohabitating. Bill 69 is inspired by four Port Perry seniors who, in 2016, wanted to move into a house together. After….

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