An ETDL will continue to act until all appeals exhausted

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I previously blogged about the case of Gefen v. Gaertner where the Court of Appeal quashed an appeal regarding an estate trustee during litigation (ETDL) and punted the matter to the Divisional Court. Now this estate has generated another appeal regarding the ETDL – this time properly brought before the Divisional Court – which dealt with whether an ETDL’s role continued after a judgment is appealed. In Gefen v. Gefen,….

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Courts, Estate Litigation, Executors

Taxable preferred shares and estates – say what?

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The tax reform of 1987 introduced the term “taxable preferred shares”[1] to curtail the tax advantage for non-taxpaying corporations using preferred share financing over debt financing. The result of this reform subjected the non-taxpaying corporation to a (current) 25 per cent tax on dividends that were paid on taxable preferred shares in excess of a specified dividend allowance.  This tax imposed under the Income Tax Act is referred to as….

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Estate Planning, Tax Issues, Trusts

Personal Support Workers (PSW)- an undervalued, underappreciated and a very tough job to boot.

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But for many seniors, their  PSW becomes their best and closest support person. One of the major contributing factors to the  poor conditions typically found within Long Term Care has been the shortage of Personal Support Workers.  Simply not enough qualified hands to do the needed and necessary work of looking after and caring for frail seniors.  This was a problem before Covid and sadly it took many deaths before….

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Caregiving

Medical Assistance in Dying (MAiD) – An Update

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Today marks a court-imposed deadline regarding legislative amendments to our laws on medical assistance in dying (“MAiD”). This topic, although heavy, has been important to me, particularly over the past year. As recently as the US election, someone close to me was scheduled for MAiD. As her date was approaching, the election results had not yet been determined. Everyone thought she was joking about cancelling or postponing her date to….

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Medical Assistance in Dying

Estate Planning – Effective Family Meetings

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This Blog was written by Sara Hillier, Estate and Trust Advisor at MD Private Trust Company which is part of Scotia Wealth Management “Oh hey! We’ve been meaning to ask you. Will you be our estate executor[1]?” a parent inquires of their eldest child over brunch. “Of course! No biggie.” comes the quick reply. “Alright it’s settled then.” and the conversation moves hastily on to more upbeat topics. After all, contemplating the….

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Uncategorized

When both parents have dementia….

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In the majority of families where there are still two parents living in the same home, the ‘well’ spouse becomes the primary caregiver to their husband/wife who has dementia. Caregiving for someone with a cognitive disorder is a full time job; especially when community supports, such as day programs and other respite services are not operating.  There is simply no place for them to go, to get out, have a….

When both parents have dementia…. Continue Reading »

Caregiving, Elder Care
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