Removing an Joint Attorney for Property: A High Evidentiary Threshold

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Mere disagreement among joint attorneys is not enough to have one attorney removed from their role. A court will defer to the choice of attorney(s) made by the guarantor before they became incapable.  A party requires strong and compelling evidence of misconduct or neglect to remove an attorney. In White v. White, two brothers, Raymond and Mitchell, were jointly and severally appointed by their mother as her attorneys for property…..

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Capacity Law, Guardianship

Private Company Tax Proposals

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October 2, 2017 saw the end of the 75 day consultation period offered by the Department of Finance.  The public response to the proposed rule changes was significant with the general public, industry bodies and professional advisors all weighing in on the measures.  So, what now? At a conference organized by the Canadian Tax Foundation which brought together members of the Department of Finance and tax advisors, Finance was unable to….

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Business Succession Planning, Estate Planning, Tax Issues

The Randomness of Life

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On Wednesday, September 27th, Ken Chung, a 39 year old academic Philosopher died of Stage IV Pancreatic Cancer. Diagnosed in March 2016, Ken blogged about his experience up until his very last days, providing a unique and important perspective on what it means to both live and die. Ken wrote with exceptional clarity about his experience; he shared his hopes, his fears, about the randomness of getting sick, and mostly,….

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Elder Care, In the News

Further Reform Needed to Support Disability Benefits Recipients

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As my fellow bloggers have recently written, changes have been made to the Ontario Disability Support Program (“ODSP”) effective September 1, 2017, three of which are of particular importance for estate planning purposes: The amount a benefits recipient can receive in the form of gifts, trust distributions, and life insurance proceeds (“voluntary payments”) has been increased from $6,000 per year to $10,000 per year; The benefits recipient can receive a….

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Disability, Tax Issues

The HCCA and Presumption of Capacity to Consent to Treatment; Principled but Flawed

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Capacity to make treatment decisions in the Health Care Consent Act (HCCA)[i] refers to an intact ability to understand information that is relevant to making a decision to a proposed intervention and equally important the ability to appreciate the reasonably foreseeable consequences of a decision or a lack of decision. In order to be capable, an individual must satisfy both parts of the definition. Informed consent for a proposed treatment….

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Capacity Law, Elder Law

Control in the Valuation of Business Interests for Estate Planning

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From time to time, I am asked to prepare, review or comment on structures for estate planning purposes with a mind to valuation issues. A common valuation issue is control and whether or not the value of the business interest(s) in the estate plan should be discounted for lack of control or should have premium attached to it because the holder of the business interest(s) do(es) have control. Valuators rely….

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Business Succession Planning, Canada Revenue Agency, Estate Administration, Estate Planning, Investments, Property, Small Business, Succession Planning, Tax Issues, Trusts, Uncategorized, Wills
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