Motion to Approve Settlement – A Fine Balance

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Rule 7.08 of the Rules of Civil Procedure states that no settlement of a claim involving a person under disability is binding on that person unless the settlement is approved by a judge. Why court approval of settlements is necessary is succinctly summarized in Wu Estate v Zurich Insurance Co.: “The purpose of court approval is plainly to protect the party under disability and to ensure that his or her legal rights….

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Estate Litigation

Principal Residence – Duplex or Intergenerational House

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The Canada Revenue Agency (CRA) was asked if a duplex occupied by a taxpayer and her aging parent could be treated as the daughter’s taxpayer “principal residence” for the purpose of claiming the principal residence exemption from the capital realized on the sale of the duplex at a later date.
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Canada Revenue Agency, Dependant Support, Disability, Elder Care, Estate Planning, Joint Tenancy, Property, Real Estate, Tax Issues

Attendant care payments

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With an aging population comes the importance of attendant care of the elderly and disabled. The Canada Revenue Agency (CRA) was recently asked about the taxation of amounts received for attendant care services provided to a spouse or child and returned with a pleasantly surprising answer. A child received a non-taxable award of damages to facilitate the continuous care of the child. A monthly amount was paid out of the….

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Elder Law, Home-Right

Correcting a Mistake in a Will – What did the Testator Intend

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Elizabeth Ann McLaughlin died at the ripe old age of 98.  She was predeceased by her husband.  Together they had six children, including Daniel.  Daniel, as estate trustee, sought to rectify what he characterized as a solicitor’s mistake in his mother’s secondary will. For many years prior to her death, Mrs. McLaughlin had no relationship with her son, Thomas, or her daughter, Judith.  She had previously instructed her long time….

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Estate Planning, Home-Right, Practice Management

What if I can’t spell ‘WORLD’ backwards?

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Clinicians and lawyers are regularly exposed to a score on the Mini-Mental State Exam (MMSE) also known as the ‘Folstein test’ after the developer of the most widely used cognitive screening tool in the world. Yet it is one of the most misunderstood and misinterpreted tests in Medicine, not to mention estate matters. The score of the MMSE is often cited as indicative of the presence of dementia and hence….

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Elder Law, Estate Planning, Home-Right
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