The capacity to execute a Will, Power of Attorney (POA), manage Property or Personal Care or marry are cognitive tasks determined by an admixture of legal, statutory and clinical guidelines and factors. Hence, the need for a truly collaborative approach to their assessment and legal determination. In the case of testamentary capacity, the legal test is established by case law while the capacity to make POA’s and manage property and personal….

As we know, estate litigation can sometimes drag on for many years with the parties conducting multiple examinations for discovery. Over the course of time it can be easy to forget our obligations under Rule 31.09 of the Rules of Civil Procedure. According to the Rule, after an examination for discovery if the party examined later realizes an answer given on examination was incorrect or incomplete or is no longer….

What is Canada’s Anti-Spam Legislation? You’ve probably been receiving a lot of emails lately asking for your consent to receive further electronic messages. These emails arise from new Canadian legislation with the not-so-memorable full title, “An Act to promote the efficiency and adaptability of the Canadian economy by regulating certain activities that discourage reliance on electronic means of carrying out commercial activities, and to amend the Canadian Radio-television and Telecommunications….

In previous blogs, I have written about the definition of “qualified donee” in the Income Tax Act (Canada). This definition is important for two reasons. First, in order for a gift made by an individual to qualify for charitable tax credits, the recipient must be a qualified donee. Second, under the Income Tax Act (Canada), registered charities are only able to make gifts (other than in the course of carrying….

Continuing from my previous blog, the subject of Power of Attorney for Personal Care continues to require our attention. Fellow blogger Paul Fensom reviewed in his April 23, 2014 blog the results of the Scotia Poll finding that only 33% of respondents had a POA for property. My strong suspicion is that it is even less for personal care POA’s. Ontarians are gamblers. Plain and simple. If you don’t consider….