March 2022

Affidavit Evidence – A Refresher

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Motions and applications rely on affidavit evidence – written statements sworn under oath. This is in contrast to actions, where evidence is provided by live witnesses who are examined or cross-examined in court (this is what you see on TV dramas). Relying on affidavit evidence translates into less time spent in court – since the judge reviews the affidavits prior to the hearing, court time is used by the lawyers….

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

Bare trusts – we have to do what now?

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On February 4, 2022, exactly 1,438 days after the original draft legislation was introduced in the 2018 Federal Budget, the Department of Finance (Finance) released revised draft legislation[1] for beneficial ownership reporting for trusts. This revised draft legislation contained two significant changes: Effective date was changed to taxation years that end after December 30, 2022; and Bare trusts[2] and arrangements are now specifically included Given that the original draft legislation….

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Trusts

“I am woman, hear me roar…

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…In numbers too big to ignore And I know too much to go back an’ pretend ‘Cause I’ve heard it all before” -Helen Reddy 1971 As the ‘regular’ Monday blogger, I am very pleased to have an opportunity to connect with you today. Tomorrow is International Women’s Day- a day to recognize all of the wonderful women in (y)our lives; starting with our mothers and mother in laws, our sisters,….

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Caregiving

How’s it going … with the new probate forms?

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It has been two months since the new process and forms for obtaining a Certificate of Appointment (probate grant) came into effect at the beginning of the year under Ontario Regulation 709/21.  As my colleague, Sandra Arsenault, wrote in her blog “The new amendments, which come into effect as of January 1, 2022, drastically alter the probate procedure by eliminating 43 existing forms, introducing 8 new consolidated forms and amending….

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Estate Administration, Estate Planning, Executors, Wills

Multiple wills – potential benefits for clients with assets in multiple jurisdictions

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This blog was written by Pius Omene, Estate and Trust Advisor at MD Private Trust Company which is part of Scotia Wealth Management The multiple wills strategy is a popular approach recommended by estate planning experts –especially in Ontario and British Columbia where it received judicial approval – and particularly for those who own private company shares. The strategy has been extensively explored in previous blog posts and one of these posts alluded….

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Uncategorized

Is It A Forgery?

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Many of us in the estates and trusts world have encountered a situation where a client or party has alleged that a signature or handwritten note is forged. The evidence of a forensic document examiner, or handwriting expert, is sometimes led to assist a party in establishing that the signature or handwriting is a forgery. In Chishti v. Northside Pharmacy Ltd. et al, 2021 NBQB 35 (CanLII) (“Chishti”), the court….

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Credibility, Estate Litigation
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