The Judicial Preference for Non-Intervention in Guardianship Disputes

• • 0 Comments

Guardianship disputes can be stressful and costly. Though each party wishes to do what is in the best interests of their incapable loved one, they struggle to reach an agreement about how to manage the incapable person’s personal care or property. These conflicts often make their way to the courts for resolution. But should they?….

The Judicial Preference for Non-Intervention in Guardianship Disputes Continue Reading »

Capacity Law, Estate Litigation, Family Conflict, Guardianship

More Commentary on the Evaluation of Capacity to Consent for MAiD

• • 1 Comment

There appears to be a lack of consensus in the mental health field whether persons with a mental disorder-sole underlying medical condition can be adequately evaluated for capacity to consent to MAiD…..

More Commentary on the Evaluation of Capacity to Consent for MAiD Continue Reading »

Capacity Law, Caregiving, Disability, Elder Care, Elder Law, Family Conflict, Geriatric Care Management

Ushering in the Year of the Rabbit: Symbol of Longevity

• • 0 Comments

Why is it important to determine a primary diagnosis and prognosis before assessing needs? Let’s get back to basics. If the dispute relates to the care of an elderly person, it is important to determine the person’s clinical baseline based on standardized assessments…..

Ushering in the Year of the Rabbit: Symbol of Longevity Continue Reading »

Caregiving, Elder Care, Elder Management, Estate Planning, Family Conflict, Geriatric Care Management, Guardianship, Healthcare, Smart Ageing

Certain Recurring Tax and Estate Planning Questions from New Canadians

• • 0 Comments

Today’s blog post was written by Rahul Sharma, Partner, Fasken Martineau DuMoulin LLP, Toronto According to a recent article in the Globe and Mail, Canada added more than 437,000 new permanent residents last year, while the federal government intends to admit 1.45 million more new permanent residents over the next three years. These are considerable figures for a country whose population currently stands at just above 39 million inhabitants. New….

Certain Recurring Tax and Estate Planning Questions from New Canadians Continue Reading »

Uncategorized

Estate donations that don’t get made

• • 1 Comment

[caption id="attachment_19892" align="aligncenter" width="554"] The Sleeping Gypsy, Henri Rousseau, 1897, Museum of Modern Art[/caption] John Quinn was a corporate lawyer and Wall Street titan.  A bachelor known for his many lovers, Quinn was also America’s first great modern art collector and tireless public champion.  He was a friend of literary and art legends like Picasso, WB Yeats, and Joseph Conrad. Quinn died in 1924 of cancer with an 8-year-old Will.  He was 54.  His….

Estate donations that don’t get made Continue Reading »

Estate Donations, Philanthropy/Charitable Giving, Uncategorized

Costs where Will Challenge was Not Frivolous

• • 0 Comments

On December 21, 2022, the Court of Appeal released its decision in Di Nunzio v Di Nunzio, 2022 ONCA 889 (CanLII) (“Di Nunzio”). The testator’s daughter appealed the lower court’s decision dismissing the challenge to her mother’s will (Di Nunzio v. Di Nunzio, 2021 ONSC 6689 (CanLII)). The daughter appealed the dismissal of her will challenge and sought leave to appeal the $111,395.45 costs award against her. The appellate court….

Costs where Will Challenge was Not Frivolous Continue Reading »

Contested wills, Costs
Scroll to Top