Some Concerns about Proposing MAiD via Advanced Directives

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Audrey Parker, a terminally ill woman living in Nova Scotia, ended her life with medical assistance earlier this month after issuing a final deathbed plea asking lawmakers to loosen some of the restrictions embedded in Canada’s assisted dying law.[i] Parker stressed that the law had to be changed because anyone approved for medical assistance in dying (MAiD) must be conscious and mentally sound at the moment they grant their final….

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Healthcare, Medical Assistance in Dying

Electronic Beneficiary Designations: an Interesting Change to the Pension Benefits Act

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On November 15th, the Provincial Government released the Fall Economic Statement, and its accompanying implementation Bill. Bill 57, Restoring Trust, Transparency and Accountability Act, 2018,[1] contains 45 schedules, each relating to amendments to a different statute. Buried in Bill 57, in a single line of Schedule 33, is an interesting amendment to the Pension Benefits Act: New section 30.1.1 is added to the Act to allow for electronic designation of….

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Democracy – The Right to Vote for a Dead Guy

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A dead Republican pimp has won a state assembly seat in Nevada – How’s that for an attention-grabbing opening? Election season in the U.S. has wrapped and it turns out that as much as we wanted to, Canadians were not allowed to vote. But this is an estates blog after all, so that leads to the main question my blog will attempt to answer: What happens when an election candidate….

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Milne Estate (Re)visited

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Today’s blog was co-authored by Joanna Lindenberg and Ronald Neal The decision of Milne Estate (Re) (“Milne”) caused a stir among the members of the estates bar and solicitors who draft wills, going so far as to illicit an alert from LawPRO. While the Milne decision (which is under appeal) has garnered a great deal of attention and commentary from lawyers (including Justin de Vries’ blog, which you can read….

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Contested wills, Estate Administration and Probate Applications, Estate Planning, Executors, In the News, Succession Planning, Trusts, Wills

Source of Income and the TOSI Rules: Clarification?

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Since the Tax on Split Income (“TOSI”) legislation was released, there has been considerable consternation amongst professionals as to how the rules apply. Even the most sophisticated readers of the legislation agree that it contains provisions that are both ambiguous and somewhat complicated. Somewhat out of exasperation, many deal with the TOSI rules on the assumption that all income amounts received by shareholders, beneficiaries, and partners are subject to TOSI,….

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Canada Revenue Agency, Estate Planning, In the News, Investments, Property, Real Estate, Small Business, Tax Issues, Trusts

Shining a Spotlight on (Ontario) Caregivers

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The Change Foundation just published their findings on Ontario Caregivers- a fitting reflection for National Caregiving Awareness month. I have summarized some of their key findings based on a study involving 800 respondents across Ontario: – Canadian family caregivers provide roughly ¾ of all patient care and their contributions to the healthcare system was estimated at 25 billion per year. – Caregivers spend on average 11-30 hours of care per….

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Caregiving, Elder Care
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