COVID-19: Moving Past Quill and Ink to Use New Technology

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Due to the COVID-19 pandemic there is a risk that some litigation may stall. There are many skeptics to technological workarounds to conduct matters remotely. However, the perfect cannot be the enemy of the good and we cannot simply pause litigation until the pandemic is over. In Arconti v. Smith, 2020 ONSC 2782, Justice Myers ordered that an upcoming examination in a proceeding must be conducted by videconference (if the….

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Estate Litigation, In the News

A Mother’s Day – like none other

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In this time of uncertainty when we don’t know what tomorrow will bring, there are a few things we know we can count on, such as the bond between mother and child.  For those of us today that cannot hold, hug or embrace our mothers, it is indeed a difficult time. We have to believe that they know they are loved and for those who have lost a mother, we….

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Caregiving

How to Provide for Your Island in Animal Crossing: New Horizons After Your Death: Part I

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This is a three-part blog series that seeks to explore the manner in which one can conduct estate planning with respect to their copy of the popular 2020 Nintendo Switch video game Animal Crossing: New Horizons. Part I will discuss the importance of this topic and describe the applicability of a non-charitable purpose trust to this type of estate planning. Part II will examine the practical considerations for operating a….

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Estate Planning, In the News, Investments, Property, Trustee, Trusts, Wills

Random Thoughts in Isolation

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I hope everyone is managing well and staying safe. Here are some random thoughts in isolation: 1. Some provinces are now allowing the virtual witnessing of wills. In related news, Estate lawyers are now the new tech support 2. Until now, I bet you didn’t realize how many corporate mailing lists you subscribe to 3. Are estate planning lawyers less busy now? One thing’s for sure, with so many people….

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Uncategorized

Frivolous Notices of Objection Can be Struck Out

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Counsel faced with responding to frivolous objections to an application for a certificate of appointment of estate trustee may wish to consider rule 25.11 of the Rules of Civil Procedure. Rule 25.11 allows the court to strike out (all or part of) a pleading, without leave to amend, on the ground that the pleading is scandalous, frivolous or vexatious. In Dessisa and Wolde v Demisie the Applicants, Dessisa and Wolde,….

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Contested wills, Costs, Courts, Credibility, Estate Administration, Estate Administration and Probate Applications, Estate Litigation, Executors, Family Conflict, Guardianship, Joint Tenancy, Power of Attorney, Powers Of Attorney and Guardianship Disputes, Separation, Testamentary Capacity, Undue influence, Wills

Home Buyer’s Plan and Disabled Family Member

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In a recent blog, I wrote about the availability of Home Buyer’s Plan (HBP) to an individual after the death of her spouse who purchased the matrimonial home. In a recent Technical Interpretation (2019-0819671E5, D. Odubella), the Canada Revenue Agency (CRA) was asked by a taxpayer to review the availability of the HBP to purchase a home that is located in a district where their disabled daughter could attend a….

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Canada Revenue Agency, Dependant Support, Disability, In the News, Real Estate, Spouse, Tax Issues, Uncategorized
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