Compensation as Attorney for Personal Care: Guided by Reasonableness and Proportionality

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The 2021 decision in Sasso v. Sasso[1] was recently affirmed by the Ontario Court of Appeal. The Sasso case has a few interesting aspects to it but for the purpose of this blog I focus on the claim for compensation which was made by an attorney for personal care. Although it may not happen often, attorneys for personal care can claim compensation. Unlike guardians and attorneys for property, calculating the….

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Attorney Compensation, Caregiving

The Monday after Mother’s Day

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While the sun did shine yesterday, it was still a difficult day for many of us.  I can’t even image the terrible pain as a parent and specifically as a mother- to lose a child.  As a daughter I know the pain of having lost my mother. Regardless of age  and I guess for me personally, there is an emptiness that  is  a daily reminder of someone very dear and….

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Elder Care

A CAREER IN WILLS AND ESTATES – COULD IT BE FOR YOU?

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This blog has been written by Sandra Arsenault, Law Clerk at Fasken LLP As our fellow blog writer, Audrey Miller wrote earlier this week (here), new Census data indicates that the number of seniors over age 85 is expected to triple in the next 25 years. Could this be an opportunity? This week we welcomed summer law school students and co-op law clerk students into our firm. As I chat….

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Elder Care, Estate Administration, Estate Litigation, Estate Planning, Executors, Uncategorized, Wills

Estate Planning for Agricultural Producers

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This blog was written by Maggie Dalke – Estate and Trust Consultant with Scotia Wealth Management There are a significant number of agricultural producers that require estate planning services.  According to a 2016 Statistics Canada report, there are 193,492 census farms in Canada.  Many agricultural producers are reaching retirement age with the average age of farm operators being 55 years and older.[1] A big consideration for many of these farms….

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Uncategorized

Undue Influence Voids a Capable Testator’s Will

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In Krivokapic v. Josephe Boss, the Quebec Court of Appeal affirmed the invalidity of a capable testator’s Will that was procured through undue influence. Facts The testator, Valentin Boss, was an accomplished professor and author during his career. The testator was married for 22 years, and had one daughter, Sylvia Katerine Josephe Boss (“Sylvia”). The testator was divorced in 1989. The testator began a relationship with Milica Krivokapic (“Milica”) in 1989,….

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Uncategorized

A family trust and its beneficiaries – think twice before including your niece or nephew

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Discretionary family trusts used to be a staple in most private company corporate structures. The income splitting benefits were obvious, and professionals were more than happy to implement a family trust in almost any corporate structure. The popularity of using family trusts eventually led to complacency from some professionals in understanding the detailed tax rules that applied to implementing those trusts. In the earlier years of drafting trust documents, professionals….

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Canada Revenue Agency, Tax Issues, Trusts
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