Court of Appeal Confirms New Approach to Costs in Estate Litigation

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In a recent court of appeal decision, the court upheld the trial judge’s costs award and reiterated the deference allotted to trial judges when exercising discretion to fix costs. In Prelorentzos v. Havaris, the court dismissed the appellant’s appeal.  At trial, the appellant was found to be the deceased’s common law spouse and was awarded $30,000 from his estate.  However, the trial judge was frustrated with the lack of disclosure….

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Contested wills, Wills

DISABILTY TAX CREDIT CERTIFICATE: WHO CAN CERTIFY?

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Which medical professionals can certify on a Disability Tax Credit Certificate (“Form T2201”), that an individual has a severe and prolonged impairment in physical or mental functions? Can a registered oral surgeon or other oral specialist, licensed to be so by a provincial body be considered to be a medical doctor in that province for the purpose of certifying on Form T2201 that an individual has an impairment in speaking….

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Canada Revenue Agency, Capacity Law, Disability, Elder Care, Estate Planning, Fiduciary Professions, Geriatric Care Management, Guardianship, In the News, Power of Attorney

How are RESPs Dealt with in Equalizing Net Family Property?

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I was recently asked how RESPs effect the calculation of a spouse’s net family property (“NFP”) for purposes of Ontario’s Family Law Act. Because a RESP is considered the property of the subscriber, and not a trust, it generally forms part of the subscriber’s estate on his or her death. As a result, this question is relevant not only on marriage breakdown but also when a spouse elects to receive….

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Estate Planning

Vulnerability to Undue Influence

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On September 28 I will be joining Charles Ticker, Charles Wagner, and David Smith in a panel discussion on ‘Dealing with Undue Influence Issues’ as part of the 2016 Practical Guide for Legal Professionals – ‘Advising the Elderly Client’ conference hosted by Osgoode Hall Law School in Toronto. I will be addressing the issue of vulnerability to undue influence. Although the traditional legal view of undue influence requires coercion,[i] [ii]….

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Capacity Law
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