Fraudulent investment—recourse options

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In an earlier post I provided general reporting information that applies to taxpayers who participated in what reasonably appeared to be a legitimate investment for income tax purposes and turned out to be a fraudulent investment scheme.  The economic losses in these situations can be devastating when compounded by the fact there may be little to no tax relief given.  What if you feel the Canada Revenue Agency (CRA) has either misinterpreted….

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Canada Revenue Agency, Tax Issues

What is super about this new super agency?

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The news flash is that our healthcare system is about to be revamped.  It was announced that six agencies including Cancer Care Ontario, ehealth Ontario, Trillium Gift of Life Network, Health Shared Services, Health Quality Ontario and Healthforce Ontario Marketing and Recruitment Agency will be consolidated under a new umbrella organization called Ontario Health. And how could I forget, the LHIN[1]s, which only recently replaced the CCAC[2]s will also be….

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Healthcare

Golden Girls Act, 2019 – Will the Path to Cohabitation Soon be Paved in Gold?

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Today’s blog is co-written with Jennifer Campbell, a law clerk in the Private Client Services group of Fasken LLP. Recently Durham MPP Lindsey Park tabled a private member’s bill (Bill 69), which looks to amend Ontario’s Planning Act to prevent municipalities from using local bylaws to prohibit seniors from cohabitating. Bill 69 is inspired by four Port Perry seniors who, in 2016, wanted to move into a house together. After….

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Uncategorized

Two Isn’t Always Better Than One: The Perils of Joint Accounts

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This blog was written by Lara Besharat Earlier this month, a Toronto-based FinTech company launched a new feature for their app that aims to simplify the process of creating and maintaining a joint account. The app allows for joint accounts to be created and managed entirely via your mobile device, and, with equal power over the account, users can send e-transfers, deposit money, and reload the account with the pre-paid….

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Estate Planning, In the News, Property, Resulting Trust, Uncategorized

Understanding the Role of Section 3 Counsel

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The recent case of Sylvester v. Britton, 2018 ONSC 6620 (“Sylvester”) provides an excellent review of the law regarding incapacity, attorneys for property and personal care, capacity assessments, and other issues which often arise in estate/capacity litigation cases. While the decision addresses many interesting points, this blog will focus upon the Court’s analysis of the role played by counsel appointed under section 3 of the Substitute Decisions Act, 1992 (the….

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Capacity Law, Elder Law, Estate Litigation, Family Conflict, Guardianship, Power of Attorney, Powers Of Attorney and Guardianship Disputes

When Cash is not King?

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Most people keep their cash in bank accounts. However, to my surprise, some people still don’t, and for estate planning and administration purposes, this can be a real problem. Take the case of Temple v. Peddle, 2019 NLCA 2 in Newfoundland Labrador. Mrs. Peddle kept cash in a safe deposit box under a joint account with Mrs. Peddle’s son Leo, who was ultimately appointed guardian of her estate. Leo claimed….

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Estate Administration, Estate Planning, Executors, Family Conflict, Geriatric Care Management, Investments, Trustee
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