Section 16 of the Canada Evidence Act (“CEA”)[i] sets out the test for capacity to give evidence: 16(1) If a proposed witness is a person of fourteen years of age or older whose mental capacity is challenged, the court shall, before permitting the person to give evidence, conduct an inquiry…
This Blog was written by: Daniel Watts, Estate and Trust Consultant, Scotiatrust I wrote in a previous post about determining an appropriate age for a beneficiary to receive an inheritance (Choosing an Appropriate Age for Young Beneficiaries to Inherit, February 7, 2019). Below, we take that idea a bit further…
When does the limitation period start running regarding an incapable person who does not have a formal litigation guardian? Despite the language of the Limitations Act, 2002, a court found in Rekowski v. Renfrew (County), 2019 ONSC 2852 that the answer to this question is not clear. In 2009, Kenneth was…
Like many of you I was watching Saturday’s victory by our Toronto Raptors. It is therefore completely understandable that you would not have known that the 15th episode of FinanceIsPersonal aired that same evening. Elizabeth Naumovski, CM interviews Canadian women who have important messages to share as it relates to…
I often meet with clients who wish to have Wills prepared which provide for trusts for their children. After explaining the nature of a testamentary trust to the clients, I typically recommend that they select a set age that the child is to receive the capital (or the remainder thereof)…
This blog was written by Lara Besharat In August 2018, renowned singer Aretha Franklin died of pancreatic cancer in her home in Detroit, leaving behind an illustrious musical legacy, a strong history of civil rights activism, four children, and an estimated $80-million-dollar fortune. One thing she didn’t leave behind, however,…
Most transactions between parties not at arm’s length with each other (often described as related parties, such as family members), the parties to the transaction are subject to a one-sided adjustment where the transaction proceeds does not equal fair market value (“FMV”). If the price exceeds FMV, then the cost…
Today’s blog was written by Krysten Zator, Summer Law Student According to the Alzheimer Society of Canada, 564,000 Canadians live with dementia, a number which is expected to rise to almost 1 million by the year 2031.[1] Globally, about 50 million individuals live with dementia, a number which is expected…
The FitzGerald Building at the University of Toronto housed the School of Hygiene (Public Health). It was funded by The Rockefeller Foundation with a $650,000 grant in 1927. What’s the greatest impact donation in Canadian history? I’d argue it is a forgotten gift of $75,000 made by Colonel Albert E….
On June 18, 2018, Justice Dunphy made ex parte orders sealing the court files relating to the Sherman Estates. On catching wind of the sealing orders, the Toronto Star, and one of its reporters, Kevin Donovan, brought a motion to terminate the sealing orders. They succeeded on appeal.