Legal Capacity, Decision-making and Guardianship

The Law Commission of Ontario (LCO) has undertaken a project to examine and review Ontario’s laws related to legal capacity, decision –making and guardianship. Earlier this month, I had the pleasure of attending one of their focus groups. Spokespersons from various groups were there representing those with autism, mental health issues and the hearing impaired, to name a few. While the disability groups may have different issues, there was more….

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Estate Planning

Elder Care Planning

A recent Ipsos-Reid report found older Canadians lack confidence in the health-care system’s ability to provide for seniors in the future. With the aging population and strains on the various government systems and agencies for seniors, elder care planning is becoming more crucial. The shift in the demographics of our society into an aged population will put additional strain on our health care system and our caregivers. Most individuals as….

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Estate Planning

Elder Abuse – helping to spread the word

I recently had the pleasure of presenting to a group of seniors on the topic of Elder Abuse. The event was organized by the Sunshine Group of Seniors, part of the San Romanoway Revitalization Association. I presented along with Police Constable Amir Butt of 31 Division. P.C. Butt explained that there are four different types of elder abuse: physical; psychological or emotional; financial; and, neglect. He explained that neglect comes in….

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Estate Planning

Mandatory Mediation – A Binding Success

In 1999, a pilot program was implemented in Toronto requiring mandatory mediation for all estates, trusts, and substitute decisions matters.  In 2002, mandatory mediation was expanded to Windsor and Ottawa.  The pilot program was considered a success and mandatory mediation has been enshrined in rule 75.1 of the Rules of Civil Procedure (see the Ministry of the Attorney General’s Fact Sheet on the Mandatory Mediation program). Even in other Ontario….

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Estate Planning, Home-Right, International

‘Ralph the Programme Guy’ (part 2)

Last week, Audrey Miller took the initiative to blog about ‘Ralph the Programme Guy’ and reflected on the lesson learned from his ‘eccentric’ life and sad, lonely death. I hope that the blogosphere will forgive my indulgence in following up on an issue that is only indirectly related to testamentary capacity. Since my childhood days,  I also had known ‘Ralph’, whose real name was Rayfield Platner. Rayfield was probably a variation….

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Estate Planning

What are the Tax Consequences of Disclaiming or Releasing an Interest in a Trust? Part 1

The CRA recently began an initiative to consolidate the information provided in its income tax interpretation bulletins and income tax technical newsletters. The new publications are called “folios”. As each folio is released, it is subject to a three-month comment period. In late September, the CRA released “S6-F2-C1-Disposition of an Income Interest in a Trust”, which, among other things, summarizes the tax consequences of a disclaimer, release or surrender. A….

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Estate Litigation, Home-Right
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