coffee, dark chocolate and red wine

Last week, along with my associates Teresa Acs and Holly Allardyce, I attended an event presented by law firm WeirFoulds, titled Mind Over Matter: Living with a Healthy Brain. The session featured two “members” of the Women’s Brain Health Initiative (WBHI). WBHI is a charitable non-profit with a mandate to “provide education and fund research to combat brain aging diseases that affect women”. Lynn Posluns is the Founder, President and….

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Estate Planning

No Right to Compel a Will be Proven in Solemn Form

My colleague Gillian Fournie wrote a comprehensive post regarding the Court of Appeal for Ontario’s decision in Neuberger v. York, 2016 ONCA 191. Gillian focused on the Court’s decision that the equitable doctrine of estoppel could not be used as a defence to a will challenge. I thought it might be helpful to expand upon the Court’s other finding in obiter dicta: that there is no automatic right for a….

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Contested wills, Estate Administration and Probate Applications, Estate Litigation, Testamentary Capacity, Undue influence, Wills

How Will Capacity to Consent to Physician Assisted Death Align with Ontario Policy on End-of–Life Decision-Making?

Canadians are well aware that in Carter v. Canada[i] the Supreme Court struck down the provision of the criminal code against physician assisted death (PAD). In its decision, the Supreme Court set out the circumstances in which PAD is appropriate: (1) The person affected clearly consents to the termination of life; and (2) The person has a grievous and irremediable medical condition (including an illness, disease or disability) that causes….

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Estate Planning

Good news on the aging brain

The, seemingly constant, flow of bad news about aging bodies and brains can be depressing.  On this site alone I’ve read many  chilling facts and statistics on matters impacting our aging population.  The prevalence of depression, the frequency and potentially dire consequences of falls and how the likelihood of developing Alzheimer’s or a related dementia increases exponentially as we age into our “senior” years, are just some examples that spring quickly to mind. So, it was with great interest….

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Estate Planning
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