July 2020

Foundation v. Charitable Organization

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[caption id="attachment_13341" align="aligncenter" width="766"] We Charity founders Craig and Marc Kielburger (Photo: Getty)[/caption] The WE Charity scandal has been fascinating to charity watchers.  On July 22, it was revealed that the Canadian Government contracted with the WE Charity Foundation for the Canada Student Service Grant (CSSG) program, not the WE Charity as previously reported. Parallel public foundations often co-exist with operating charities (charitable organizations), but the two-charity structure was confusing,….

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Estate Donations, Philanthropy/Charitable Giving, Uncategorized

Deleon v DeRanney and the Definition of “child” Under the SLRA

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In Deleon v. DeRanney, the Ontario Superior Court of Justice awarded some dependant support to a non-biological child who was part of the deceased’s unconventional family. As blog readers may be aware, the Succession Law Reform Act (SLRA) does not require that a child be the biological offspring of the deceased in order to receive dependant support – under section 57, the definition of “child” includes “a person whom the….

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Courts, Dependant Support, Estate Litigation, Estate Planning, Family Conflict

Someone else’s tax bill – Sometimes there is no getting away from it!

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In Dreger et al v the Queen (2020 TCC25), the beneficiaries of an estate bequest appealed assessments for unpaid taxes by the deceased. In this case, the deceased was an annuitant of a life income fund (“LIF”) and prior to his death, he designated to each of his daughters as his beneficiaries under a beneficiary designation in respect of the LIF. In his will, the deceased named his daughters as….

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Canada Revenue Agency, Courts, Estate Administration, Estate Litigation, Executors, Investments, Liability, Tax Issues, Trustee, Trusts, Uncategorized, Wills

Living alone, being lonely and the perils of isolation.

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We already know that loneliness is a major debilitating cause of  health decline in seniors. Over the years I have blogged about the challenge of seniors living on their own, without a support network.  During this pandemic, the isolation and separateness of everyone was very difficult on all us. However for seniors, I think it has been worst of all.  We all need personal contact, connecting with someone, sharing a….

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Elder Care

A Presumptive Peril: The Law of Beneficiary Designations is Now in Flux

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Calmusky v. Calmusky, 2020 ONSC 1506, is a 2020 decision of the Ontario Superior Court of Justice that is ruffling some feathers among banks, financial advisors and estate planning lawyers in Ontario. In this case, the court applied the principles surrounding the presumption of resulting trust, established by the Supreme Court of Canada in Pecore v. Pecore, [2007] 1 S.C.R. 795, to two different issues related to a single estate. One….

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Credibility, Estate Administration, Estate Planning, Family Conflict, Joint Tenancy, Probate Tax, Resulting Trust, Trusts, Wills

Constructive Trust and Proprietary Estoppel – Built With Your Own Hands

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Families often fall into patterns and routines; they are comfortable, stable, and predictable. They can also give rise to legal rights over land. The extent and enforceability of those rights will be put to the test following death or divorce. Such was the case in Tomek v Zabukovec, 2020 ONSC 2930. Joseph Sr. (the “Deceased”) and his wife Mary had two sons, Joseph Jr. (the “Husband”) and Edward. In August….

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Contracts, Estate Litigation, Family Conflict, Property, Real Estate, Spouse
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