This blog was co-authored with Ronald Neal, student-at-law. John the Farmer wanted to buy the family farm after his mother died. His siblings wanted to sell it on the open market. In Janicek v. Janicek, 2018 ONSC 681, the court had to decide which outcome the will dictated. Background The Deceased passed away on October 11, 2012 and left the fate of the family farm in the hands of her….
Buying the (Family) Farm? Continue Reading »
Trustee, WillsBusiness owners-managers put money in and take money out on a regular basis during the year, and at the same time often use the business bank account for what may appear to be personal expenditures. This often leads to shareholder advance balances at year end and some major bookkeeping challenges to boot. These balances are often part of the consideration to determine shareholder bonuses and dividends at year-end, the characterization….
SHAREHOLDER REMUNERATION PLANNING Continue Reading »
Canada Revenue Agency, Canadian and US Tax Treaty, Estate Planning, Investments, IRS, Small Business, Tax Issues, Uncategorized
THE WHAT: Recently on most days newspaper articles are highlighting some injustice or abuse regarding seniors living in Ontario’s Long Term Care facilities, commonly known as ‘nursing homes’ or ‘old people’s home’. This is a major problem facing society and one that we must get under control. Last week’s Marketplace Crying Out for Care exposé highlighted abuse amongst residents in many facilities within Ontario. Frankly, it likely caused nightmares for many….
Crisis in Long Term Care Continue Reading »
In the News
The phrase “No good deed goes unpunished” is often attributed to Clara Boothe Luce, an American Dramatist, who was the first American woman appointed to a significant ambassadorial post abroad. Today it is often used to express the idea that beneficial actions often go unappreciated or are met with hostility. The decision of the Ontario Court of Appeal in Teixeira v. Markgraf Estate, 2017 ONCA 819 no doubt left Arlindo….
No Good Deed Goes Unpunished Continue Reading »
Elder Care, Estate Administration, Estate Litigation, TrusteeLast week I received two inquiries from caring colleagues hoping to help individuals in need. One person had cancer and had lost his business, while the other was a sick child who perhaps could benefit from her own charitable foundation. As heart-rending as these stories are, neither qualify as “charity”. Both are forms of benevolence. Charity and benevolence are confused all the time. Simply, benevolence is support of an individual….
Charity v. Benevolence Continue Reading »
Charitable Giving, Estate Donations, Philanthropy/Charitable Giving
Capable adults are free to enter into a contract with one another. Once entered into, the contract is binding on the parties (exceptions apply) and they may ask the court for assistance enforcing the terms of the contract. Different rules apply to contracts entered into by minors (in Ontario, the Age of Majority and Accountability Act defines a “minor” is anyone under the age of 18). Subject to a few….
Capacity to Contract – The Settlement Edition Continue Reading »
Contracts, Disability, Estate Litigation