CCAC & Patients First- Bill 41

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What’s new with the CCAC? As readers know our public sector delivery system has been delivered via the Community Care Access Centres (CCAC) which are located across Ontario. The CCACs have been funded by the Ministry of Health and Long Term Care via the Local Health Integration Networks (LHIN) strategically located across 14 regions across our great Province. The latest initiative is called Patients First: Action Plan for Health Care….

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Elder Care, In the News

Under what Circumstances can an Insurer Deny Payment of a Death Benefit to a Beneficiary under a Life Insurance Policy?

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Depending on the specific terms of an insurance contract, under certain conditions, an insurer may adjust a death benefit under a life insurance policy, or deny payment altogether. For example, if an insured person commits suicide within two years after the day the policy or coverage is issued or last reinstated, whether or not the person was sane when he or she committed suicide, the insurer will usually not pay….

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Insurance

My Best Interests, and Yours Too?

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The recent case of Tarantino v. Galvano, 2017 ONSC 3535, raises a variety of issues familiar to estate litigators – powers of attorney, capacity, quantum meruit claims, the duty to account and the rules surrounding the removal of an estate’s executor. In this case the deceased, Rosa Filippo Galvano (“Rosa”) had two daughters, Nellie Galvano (“Nellie”) and Giuseppina Bucci (“Giuseppina”), who died in 2007. Giuseppina had two daughters, Rosa Pignatelli and….

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Attorney Compensation, Capacity Law, Caregiving, Compensation, Contracts, Elder Care, Estate Administration, Estate Administration and Probate Applications, Estate Litigation, Executors, Family Conflict, Passing Of Trustees’ and Executors’ Accounts, POA Compensation, Power of Attorney, Powers Of Attorney and Guardianship Disputes, Wills

Family trust and double tax

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The Canada Revenue Agency (CRA) issued a technical interpretation on the tax treatment of trust income where there was a distribution from the trust to beneficiaries who weren’t entitled to the distribution in the first place. The trust was established for the benefit of children who were minors at the time of the trust distribution.  The trust agreement forbid the trustee(s) from making distributions to minor beneficiaries presumably to avoid the application….

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Canada Revenue Agency, Estate Planning, Executors, Tax Issues, Trustee

A Terrific Bday Gift- A Dementia Strategy

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Congratulations Canada! 150 years young and we are living longer than ever. Along with long life often comes disability and for many dementia is, in my opinion, the most threatening disease of today. Finally we have joined the ranks of the more progressive countries, those that are preparing themselves for what many have referred to as the ‘Silver Tsunami’, the tidal wave of long life. Canada is the 30th country….

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Elder Care, In the News

The New Surrogacy Rules in the Children’s Law Reform Act

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The new parentage rules in the All Families Are Equal Act (Parentage and Related Registrations Statute Law Amendment), 2016, S.O. 2016, c. 23 (“Act”), include rules for determining parentage where surrogacy is used. The surrogacy rules became effective on January 1, 2017 and are largely set out in sections 10 and 11 of the Children’s Law Reform Act (“CLRA”) as amended by the Act. For purposes of the rules, a….

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Family Conflict
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