July 2021

Supreme Court of Canada Unseals Sherman Estate Probate Files

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On June 11, 2021, the Supreme Court of Canada released its highly anticipated decision in Sherman Estate v. Donovan. Background The facts of the case have been widely publicized. Barry and Honey Sherman, a prominent couple, were found dead in their home in December 2017. Their deaths, treated as homicides, remain unsolved. The estate trustees of their estates sought sealing orders in respect of the probate applications. The sealing orders….

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Uncategorized

Capacity to Marry: Balancing Autonomy with Protection of the Vulnerable

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Capacity to marry is often raised in the context of an allegation of a predatory marriage. But what about when the adult children disapprove of the union and devise a scheme to protect their inheritance from the purported “gold digger”? This was the scenario in the case of Tanti v Tanti et al., 2020 ONSC 8063. The relationship between Paul Tanti (“Paul”) and Sharon Joseph (“Sharon”) was never accepted by….

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Capacity Law, Dependant Support, Estate Litigation, Wills

The Finance Strikes Back

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As the story of Bill C-208 (intergenerational transfers) continues to evolve, I can’t help but make analogies to my favorite childhood trilogy.  The Star Wars trilogy was a dominating force in my childhood.  I lived and breathed the interesting stories produced by this vast universe created by George Lucas. In comparison to Star Wars, our vast tax universe also produces interesting stories. The latest story involves the private member’s bill,….

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Business Succession Planning, Tax Issues

Delirium, a few things to note:

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I had previously written about hospital acquired delirium https://eldercaring.ca/hospital-acquired-delirium/ which I believe merits reposting. Delirium is one of the 3 big ‘D’s that we see with our older clients. The other ‘D’’s are dementia and depression. Over this past year, in addition to Covid- people still got sick; especially common were Urinary Tract Infections (UTI) which often necessitated a trip to the hospital. holiday period I had a number of….

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Elder Care

And then there was more…

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Typical advice to an executor would outline his or her duties, explain how to go about completing them, and then would end with a statement something along the lines of “and then your job as an executor will be complete”.  And we all know that the role of an executor can be a complicated and drawn-out affair. Today’s blog is about an interesting situation that I recently came across where….

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Estate Administration, Executors
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