September 2021

World Alzheimer’s Awareness Month 2021

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September is World Alzheimers Awareness Month and the  21st is World Alzheimer’s Awareness Day.  Alzheimers is a  health crisis, in my view , that impacts everyone and one that is not based on culture, gender, ethnicity, or social economic background.  Alzheimers is the most common form of dementia and one that impacts  more women than men.  The Canadian Alzheimers Society shares that women represent 72% of all Canadians living with….

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Elder Care

Don’t let your favourite TV show fool you…

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Today’s blog was written by Courtney Lanthier, law clerk at Fasken LLP I was watching a show recently where, when a character passed away, he left his family a video message that included how he wanted to divide his estate. As someone who recently started drafting wills and working through estate administration files, I immediately thought – would this be considered a valid will? While a videotaped message setting out….

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Wills

Limitation Periods and Fraudulent Concealment

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Missing a limitation period can be highly detrimental to any case. But, what happens when the party simply does not know he or she has a claim, as a result of the conduct of another? This issue, among others, was addressed in the recent Ontario Court of Appeal decision, Beaudoin Estate v. Campbellford Memorial Hospital, 2021 ONCA 57 (“Beaudoin”). By way of background, and with respect to matters concerning estates,….

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Courts, Limitation periods

CRA issues favourable ruling on post-mortem pipelines

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The Canada Revenue Agency (CRA) has been asked on numerous occasions to weigh in on whether specific post-mortem planning implemented by taxpayers to avoid double taxation would result in a deemed dividend. In a recent ruling, the CRA concluded that it would not apply either specific tax rules or the General Anti Avoidance Rule (GAAR) to the proposed transactions. When an individual dies holding shares of a private corporation with….

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Canada Revenue Agency, Estate Planning, Small Business, Succession Planning, Tax Issues, Wills

Supporting Seniors: An Important Election Issue

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There is a lot going on this month, including World Alzheimers Awareness Month.  However the election takes priority for me.  Next week’s blog will focus on dementia issues but for today, the focus of this blog is on what the federal parties are considering regarding supporting seniors and their caregivers. Canada has both a Dementia Strategy as well as a National Seniors Strategy that both require careful attention. Issues that….

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Elder Care, In the News

Powers of Attorney for Property: Implications of Obtaining a Formal Capacity Assessment

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Have you ever had this train of thought: ‘what happens now that X is losing capacity? Do I, as the appointed attorney for property, start acting gradually, as needed, or do I obtain a capacity assessment? What are the implications of obtaining versus not obtaining a capacity assessment, particularly when it comes to managing corporate assets?’ This blog discusses considerations that may be helpful in working your way through this….

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Power of Attorney
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