Reflections on my debut year in Estate and Trust Administration

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This blog was written by Collia Barnaby After four years as a Financial Advisor, a role that I was very passionate about, in 2018 I made the transition, to work in the Estate and Trust Department.  I would never have imagined how interesting this role can be and what a rewarding feeling as I mature in my new career! Exploring my new found love in Estate and Trust Management can….

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Estate Administration

COVID-19 update: Court must not cross the line to clear up hypothetical limitation period confusion

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The government suspended limitation periods between March and September due to COVID-19. The government believed that it had properly done so. Nevertheless, the government asked the court to confirm it had properly done so due to amorphous concerns that had been raised. Justice Myers dismissed this application as it would have the court cross the line that separated an independent judiciary from the executive and legislative branches. The government had….

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Courts, Limitation periods

Goodbye November

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This past weekend was the American Thanksgiving.  In Canada we knew it was their Thanksgiving because advertising for  Black Friday sales was everywhere.   First it was on Friday, then it included Saturday and Sunday and now we have Cyber Monday.   Enough shopping!- especially as most of it is on line and for those of us who are ‘in the red zone’, it is a bit more challenging to support our….

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Uncategorized

Do Personalty Clauses Cover All Personalty?

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Today’s blog was written by guest blogger, Yvonne Mazurak, Articling Student at  Fasken LLP. With today being Black Friday, it seemed appropriate to write a post about things. Afterall, many of us will likely spend some time this weekend taking advantage of Black Friday deals and buying things for our loved ones (and possibly for ourselves as well). Personal items, or personalty, can be bequeathed to beneficiaries through the use….

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Contested wills, Estate Planning

Charitable, but not that charitable

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This blog was written by Paula Lester – Estate and Trust Consultant with Scotia Wealth Management No one can question that Eleena Murray, who passed away in May 2017 at the age of 99, had charitable intentions. On the other hand, exactly how charitable her intentions were is at the heart of pending litigation between Eleena’s family and the SPCA. Eleena’s Will, executed in 2003, leaves $440,000 in specific bequests….

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Charitable Giving, Contested wills, Estate Administration, Estate Litigation, In the News

Can Section 3 Counsel be Summoned for Examination?

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Successfully summoning counsel of record for examination is typically a difficult task, and a motion to quash will often be brought after a summons is served on counsel for one of the parties. Case law in is clear that, generally, calling a lawyer to give evidence against their client should not be done absent the most exceptional circumstances. At a minimum there must be high materiality and necessity – the….

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Guardianship, Power of Attorney, Powers Of Attorney and Guardianship Disputes, Undue influence
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