January 2025

Right of Survivorship or Severance of a Joint Tenancy… Which One Prevails? – Part 2!

Just over one year ago, I blogged about Jackson v. Rosenberg, 2023 ONSC 4403, a case that shed light on the relationship between severance of a joint tenancy and the subsequent effect on a gifted right of survivorship. As it turns out, the application judge’s decision was appealed, with the Court of Appeal releasing its decision in December 2024. The Application Judge’s Decision For a more detailed explanation of the….

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Because Lawyers Die Too: The Need for Mandatory Contingency Planning

Death will affect every one of us, ultimately. Incapacity may impact us. The inevitability of death and the possibility of incapacity makes planning essential. Failure to plan is planning to fail. This inevitability is behind recent Law Society of Ontario (“LSO”) By-law amendments that require lawyers in private practice to develop and maintain a client contingency plan for preserving, carrying on or winding up their professional businesses. The requirement comes….

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Estate Planning, Executors, Interest
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