Bill C-208: The saga continues…

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On June 29, 2021, the Private Member’s Bill C-208, regarding the transfer of small businesses and family farm or fishing corporations (the Bill), received Royal Assent. The Bill limits the application of section 84.1 on inter-generational business sales. Avoiding section 84.1 allows the vendor to receive capital gains treatment on a non-arm’s length disposition of shares and potentially use the lifetime capital gains exemption (LCGE) to shelter any gain from tax. On….

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Canada Revenue Agency, Tax Issues

You Are No Longer Welcome Here

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I recently had a very negative experience with the administration of one of the Long Term Care residences where our client  has resided over the last four years.   The PSW’s from a reputable home care company were told that they were no longer welcome  in this facility.  While I am not going to go into the particular details, suffice to say that  telling paid caregivers who have been providing excellent….

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Elder Care, Elder Law

#FreeBritney: Conservatorship vs. Guardianship

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Many of you have heard of the #FreeBritney movement which has been gaining media attention over the past few years. After Britney Spears’ very public breakdown due to mental health issues, a court in California appointed her father, Jamie Spears and a third party, as her conservators. The court appointed conservators under conservatorship have controlled and managed her career, finances and medical decisions since 2008. The term “conservatorship” is not….

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Uncategorized

Gifts and (Broken) Promises

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This Blog was written by: Alicia Mossington (Godin), Estate and Trust Consultant, Scotia Wealth Management  There have been articles written over the years by my colleagues around gifting. Gifting can be a good estate planning strategy for many reasons. However, several recent cases highlight the importance of properly documenting intentions when an individual makes a gift, promise or an agreement regarding their property, particularly in the context of their estate plan…..

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Uncategorized

No Costs For You!

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The recent case of Donovan v. MacKenzie, 2021 ONSC 1865 (CanLII) demonstrates the wide and sometimes unpredictable nature of a judge’s discretion when it comes to costs. In this guardianship dispute, the applicant sister (“Jacqueline”) and the respondent brother (“Kieran”) were embroiled in litigation relating to their father, John Kenneth MacKenzie (“John”). Litigation was commenced in October 2017 by Jacqueline pursuant to the Substitute Decisions Act to be appointed as….

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Capacity Law, Costs, Courts, Elder Care, Elder Law, Estate Litigation, Family Conflict, Guardianship, POA Compensation, Power of Attorney, Powers Of Attorney and Guardianship Disputes
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