Where have all the sensible litigants gone?

As a lawsuit winds its way through the courts, more often than not procedural disputes pop up – timetables, disclosure obligations, the scope of examinations of witnesses: these are all areas ripe for disagreements between counsel (and often little understood by clients). The courts generally expect counsel to sort these matters out between themselves. In fact, the Toronto Commercial List has established “three C’s” which counsel are expected to adhere….

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Estate Litigation

Henson Trusts

Qualifying for support under various government disability programs in the form of cash payments or benefits often means that a recipient must have income and assets below a certain level. Without careful planning an intended inheritance may unintentionally serve to cut off a beneficiary’s government support. A Henson Trust allows for the assets of the deceased to pass to a special trust, and not be counted in the disabled assets….

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Canada Revenue Agency, Estate Litigation, Estate Planning, Executors, Tax Issues, Wills

New Guidelines on Provision of CPR in Hospitals

The case of Wawrzyniak v. Livingstone, 2019 ONSC 4900 (CanLII) is a landmark decision that readers may find interesting. It clarifies physicians’ obligations with respect to the writing of no-CPR (cardiopulmonary resuscitation) orders and the provision of CPR in Ontario hospitals. The decision has led to the College of Physicians and Surgeons of Ontario (CPSO) to update their policy addressing end of life care.[i] Until now, the policy from the….

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Capacity Law, Caregiving, Elder Care, Elder Law, Fiduciary Professions, Geriatric Care Management, Guardianship, Healthcare, Medical Assistance in Dying, Power of Attorney

No, You Can Not Visit Your Mom, Dad…..

There was a recent CBC news article, dated Nov 23 2019, which reported that The Trespass Act was used illegally to keep families away from their loved ones, as they were speaking out about about conditions in Long Term Care and retirement residences where their loved ones lived. The article shared the story of a daughter who was banned from visiting her mother in an Ottawa retirement residence because she….

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Elder Care, Uncategorized

Secret and Semi-Secret Trusts: An Unusual Approach to Testamentary Dispositions – Part I

Guest written by Giancarlo Mignardi, Student-at-Law at Fasken Martineau DuMoulin LLP When we think about testamentary gifts, we typically think of outright gifts, and testamentary trusts, both of which are typically set out in the terms of a Will. However, there is another, lesser-known option: the secret (and semi-secret) trust. This week and next, I’ll explore the use of secret and semi-secret trusts––what they are, how they have been historically….

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Trusts

Fiduciary Investing Series – How to avoid compounding liability in trust accounts

This blog has been written by Robert Boyd, Director, Scotiatrust. The blog is the first in a series focusing on Fiduciary Investing that will cover a range of practical topics. When one approaches the topic of fiduciary record keeping, there is room for forgiveness for those who tune out (or nod off). It’s not a topic that gets people excited, although the litigation that can occur from incorrect management of….

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Estate Administration, Estate Litigation, Executors, Liability
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