This Blog was written by: Taylor Sergeant When I read about this famous case out of Saskatchewan it immediately spoke to me: my father is a farmer, and anytime I hear anything about tractors or farming, my ears perk up, and I am always immediately interested. The facts: June 8, 1948, Cecil George Harris, a farmer in Rosetown, Saskatchewan, went to work, and tragedy hit in the field. When he….
The Famous Tractor Case Continue Reading »
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In Gilbert v. Girouard, 2023 ONSC 4445, a brother and sister brought a challenge to their father’s wills. The siblings alleged that their third sibling, who was named as estate trustee, exerted undue influence over their father. They also alleged that their father lacked testamentary capacity at the time of signing the wills. In order to gather the necessary evidence to support their claim, the siblings brought a motion to….
Disclosure of Medical Records: Privacy Matters Continue Reading »
Contested wills, Estate Litigation, Estate Planning, Executors, Family Conflict, Testamentary Capacity, Undue influence, Wills
Navigating the elder management landscape can be overwhelming and complicated – especially when siblings and stepsiblings do not get along. While elderly family members may have an estate plan in place, the execution of the plan can be challenging, especially when it comes to care. Eventually, elderly family members may need assistance with such things as managing their finances, managing their care, or managing a change in living accommodation to….
Navigating Elder Management: Common Sibling and Stepsibling Disputes Continue Reading »
Elder Care, Elder Management, Family ConflictToday’s blog is written by Latoya Brown, Articling Student at Fasken LLP. The tragic death of soap opera actress of “Another World” Anne Heche, was an unexpected loss for her fans and family. She succumbed to her injuries on August 11, 2022, a week following a car accident that left her in critical condition. Heche died, leaving behind her two sons, 20 year old Homer Laffoon, 13 year old Atlas….
This Blog was written by: Alicia Mossington (Godin), Estate and Trust Consultant, Scotia Wealth Management What happens if a beneficiary believes that a trustee is acting improperly, or refuses to distribute funds? United States Senator Dianne Feinstein is suing the trustees of a fund set up by her late husband, accusing them of committing “financial elder abuse.” Sen. Feinstein’s late husband reportedly established a marital trust to provide for her…..
Questioning the Actions of Trustees Continue Reading »
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The question of who will bear the costs of a proceeding at the end of the day is often hotly debated, but the matter may be more complex in cases where the litigation concerns the guardianship of, or issues relating to, an incapable individual. The court in Fiacco v. Lombardi (“Fiacco”) makes clear that “The exercise of the court’s discretion in respect of cost claims in capacity litigation should reflect….
Costs in Capacity Litigation Continue Reading »
Capacity Law, Costs, Estate Litigation, Family Conflict, Guardianship