The Law of Assent

he recent case of Re Assaly deals with a unique intersection between estates and bankruptcy law and squarely addresses the law of assent. In this case, the estate trustee paid funds in trust to counsel for a bankrupt beneficiary and adult child of the deceased (the “Bankrupt”), on the condition that the Bankrupt would provide a letter of credit in favour of the estate before the funds could be released…..

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Higher Costs for Aging Well= Nothing New

On March 25 2021, the Canadian Medical Association published their final report ‘Canada’s elder care crisis’.  In this report they quantify the demand for care, on our healthy system, from a home care and long- term care perspective.  This refers to the demands on the public sector and those on a wait list for publicly funded services. “The reality facing Canada is that our largest cohort, the baby-boomers, began turning….

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Caregiving, Elder Care

Returning to Work – How Hard Could This Be?

I recently returned to Fasken after taking time off to raise my son.  When I started my leave in September, I was just shy of 16 years working at Fasken without any type of long term break.  To shift gears from going full steam to a much slower pace with a baby was, for me, challenging.  Don’t get me wrong, my time with my son was very rewarding, but I….

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Planning for Pets

This post was written by Diana Leopardi While we often plan for our human children, it’s time to think about including our fur-babies into our estate planning. Pets offer their owners the ultimate companionship and unconditional love. Often times, owners consider their pets family members so why not include pets in estate planning or in the event their owner becomes ill or incapacitated. If the primary owner was not able….

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Life Interest or Licence to Use?

A person’s house is often their most valuable assets – both monetarily and emotionally. As a result, testators tend to put a lot of thought into who, and how, they wish to leave their house. However, as is always the case, best laid plans often go awry. One example of this, explored in the 2022 Court of Appeal of Ontario decision Barsoski Estate v Wesley, is when it is unclear whether the will gifts someone with a life interest in the house or a licence to use the property…..

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Charitable Giving, Contested wills, Estate Administration, Estate Litigation, Estate Planning, Interest, Philanthropy/Charitable Giving, Property, Real Estate, Succession Planning, Wills

Move Over-the power of love and keeping memories alive.

As we start summer and on this first Monday of July, I thought I would share a good news story.  There has been so much pain and suffering over the last while, that I think sometimes we need to hear more positive stories- of all types. This good news comes from CBC and it is a good old fashion love story- with a twist. It is a story about Charlie….

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