January 2020

The New Simplified Procedure Rule (Rule 76)

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Since it was enacted in 1996, Rule 76 of the Ontario Rules of Civil Procedure has provided for a simplified procedure to streamline claims of relatively modest monetary value. The goal remains to reduce legal costs and speed up the administration of justice. The Government of Ontario made significant changes to the simplified procedure rule effective January 1, 2020 in an effort to increase claims proceeding under Rule 76. These….

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Estate Litigation, In the News, Practice Management

TOSI and the Estate Plan

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Since 2018, the tax on split income (TOSI) rules have impacted common estate planning practices. While much of the TOSI focus is on planning during one’s lifetime, post-mortem planning strategies have also been affected. It follows that a post-mortem planning strategy must now be considered in light of TOSI, as these rules provide specific lifetime and estate planning exceptions. When TOSI applies, the benefits of income sprinkling may be significantly….

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Estate Planning, Executors, Wills

Mild Cognitive Impairment Does Not = Normal Aging

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Are there any other “This Is Us” fans who eagerly awaited episode 10 last week?  Spoiler alert for those who have not yet watched.  Yes, as we suspected, Rebecca was diagnosed with Mild Cognitive Impairment (MCI).   Her diagnosis  is a fitting introduction for today’s blog  as  January is Alzheimers’ Awareness month.  Now let’s be clear, MCI is not Alzheimer’s disease.  MCI  according to the Alzheimer’s Society “may increase your risk….

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Disability, Elder Care

Paper vs. Electronic Filing of Estate Information Returns!

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Today’s blog was written by guest bloggers, Tracy Parkinson and Krista Brown, law clerks in the Private Client Services group of Fasken LLP. It’s hard to believe that we have been filing Estate Information Returns (the “EIR”) with the Ministry of Finance (the “Ministry”) since January 1, 2015, but if I start thinking about it, Ontario estates law has seen as much change in the last 4 or 5 years….

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

Challenge Accepted: Court Challenges to Wills and Claims Against Estates

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This blog was written by Isabelle Cadotte – Estate and Trust Consultant with Scotia Wealth Management As lawyers, we routinely field questions from testators about how to avoid challenges to their wills, especially where they’ve decided to leave a family member less than what they might have expected. On the other side of the coin, we’re also asked to help executors facing court challenges commenced by the jilted family member….

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Contested wills, Estate Litigation, Uncategorized, Undue influence, Wills

The Motivating Factor

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Estate litigation is full of high emotions and recriminations, usually stemming from decades of family history. As a result, it is not unusual for a client to question their family member’s reason for commencing litigation against them: jealousy and revenge for some long ago slight are usual suspects. However, as litigators, we have to decide carefully how heavily these allegations figure into the proceedings. As the Ontario Court of Appeal….

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Credibility, Estate Litigation, Family Conflict, Powers Of Attorney and Guardianship Disputes, Trustee Disputes
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