Today’s blog was written by Yvonne Mazurak, Associate, at Fasken LLP As my colleagues, Sandra Arsenault and Betty Laidlaw, have both described in posts earlier this year, Ontario Regulation 709/21 introduced significant changes to the probate procedure. Among the changes, which came into effect on January 1, 2022, was the…
Month: April 2022
Total 16 Posts
I have found it uncommon for a family member or beneficiary to exert undue influence to pressure a patient to pursue MAiD. What worries me is the vulnerability of patients to undue influence from physicians who may embrace therapeutic nihilism and bias patients unduly towards MAiD. I suggest that, for capacity to consent to MAiD, the test of “ability to appreciate” should be expanded to require an appreciation of the views and wishes of supportive family members and friends.
In Marshall vs. Snow, the court was asked to determine who should be awarded primary custody of a minor child following the death of her mother (the child’s primary caregiver). Prior to the mother’s death, the child’s father and mother shared joint custody but not equal parenting time or decision-making rights…
I asked a friend how her holiday family dinners were and she shared an interesting and to me, sad story. The dinner was being held at her cousin’s home in lieu of it being held at the cousin’s mother’s home as was the usual tradition. The mother and her sister…
It is no secret that there is a generational shift coming, both in wealth and the family businesses that often make up that wealth. I could cite many articles to support this statement. Leaving this fact aside, it is also no secret that no one has yet discovered the fountain…
The calls for greater transparency by charities in Canada is growing. Budget 2022 had a few promises of more reporting requirements for registered charities related to donor advised funds and disbursement quota, although the exact measures are still unclear. What does this mean for the charitable tradition of anonymous giving?…
If alleging contempt, more than hearsay evidence is required.
Fact: -one in three adults over age 85 will develop dementia -260,000 Ontarians currently live with dementia – most people living with dementia ( like all of us) prefer to remain in their community and out of long term care homes -Supporting aging in place (for all Canadians) will reduce …
This Blog was written by: Alicia Mossington (Godin), Estate and Trust Consultant, Scotia Wealth Management My colleagues have written several recent articles on capacity. “Capacity” is an interesting area of law and the test for capacity differs radically depending on the subject and setting. Testamentary capacity or capacity to make a…
“To my grandchildren…” Sometimes, a testator will leave testamentary gifts to an undefined class of people, rather than to beneficiaries by name. Gifts might be left to “my children” or “my grandchildren” or even “the children of my niece” without any further specifications in the will[1]. This practice raises a…