The events over the last few weeks highlight how fragile life is. Anyone of us could have been walking on that sidewalk on that fateful day; we just never know what life has in store for us. This blog isn’t about being prepared, which is a concept I endorse but as I was never a girl guide, I may not be as well prepared as some. Rather today’s blog is….
Have you had your ‘Check Up From the Neck Up*’? Continue Reading »
Elder CareI think it is fair to say that joint ownership of property[2] is one of the most commonly used strategies for property ownership in the context of developing an estate plan. Like any form of partnership, there are many issues to consider in jointly owning property. In the context of jointly owned life insurance, there are some specific nuances that must be addressed when dealing with jointly owned life insurance,….
Life Insurance Joint Tenants[1] Continue Reading »
Insurance, Joint Tenancy
The “rule of law” is a defining feature of western democracies. Briefly described, it is the insistence that all government action be based in law, and is contrasted with acts of tyranny, dictatorship, and arbitrary exercises of power. The central role that the rule of law plays in Canadian society is most clearly seen in the one-sentence preamble to the Constitution Act, 1982: “Whereas Canada is founded upon principles that….
Privacy, the Rule of Law, and Apotex Inc. Continue Reading »
Capacity Law, Estate Litigation, Family Conflict, Guardianship, In the News, InterestStatistics Canada 2012 indicated that 28% of Canadians provided unpaid care to a family member or friend. Just less than half (12% of all caregivers) were seniors themselves. In fact, this group was most likely to spend the longest hours per week providing care. Almost one quarter of this group provided 20 hours or more of care per week, which is almost twice the amount of time provided by those….
Senior Caregivers in Canada Continue Reading »
CaregivingWith the Toronto Maple Leafs season ending earlier this week, I thought I would take this opportunity to discuss the recent B.C. Supreme Court ruling involving the estate of former Leafs head coach, Pat Quinn (“Pat”). On March 9, 2018, B.C. Supreme Court Justice Funt declared the “pour over” clause in Pat’s Will invalid. The clause could not be “cured” by the Wills, Estates and Succession Act, S.B.C. 2009, c…..
The Toronto Maple Leafs and “Pour Over” Clauses have something in Common Continue Reading »
Estate Administration, Estate Planning, In the News, Wills
All long-term care homes in Ontario are governed by one piece of legislation: the Long-Term Care Homes Act, 2007 (LTCHA) designed to help ensure that residents of long-term care homes receive safe, consistent, high-quality resident-centred care. The Ontario Regulation 79/10 (Regulation) is made under the LTCHA and provides additional requirements. Section 53 of the Regulation sets out the requirements relating to the care for residents with “Responsive Behaviours,” which are….
