Can Your Subscription Service Limit Your Estate’s Ability to Sue?

*This blog post was written by Ruth Paul, articling student at de VRIES LITIGATION LLP* With over 80% of Canadian households subscribing to at least one streaming service, internet-based streaming platforms are becoming the preferred way to consume video media. The variety of content and the on-demand nature of streaming platforms entice consumers to subscribe to these services. As with most subscription services, streaming platforms require subscribers to consent the….

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Medical Evidence Under Sections 35 and 52 of the Evidence Act and Rule 53.03 of the Rules of Civil Procedure

Irina Samborski, associate and Nina Fainman-Adelman, consultant, Gowling WLG (Canada) LLP Introduction The recent Ontario Superior Court decision, The Estate of William Robert Waters v Gillian Henry et al, 2024 ONSC 4190 (CanLII) (“Waters”) highlighted the importance of medical evidence in estate litigation. In that case, Justice Callaghan relied on the testator’s medical records—specifically, a prescription for an erectile dysfunction drug and a note reading “got a gf”—to find that….

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Estate Litigation

In Retirement Lifestyle Planning, Choose the Village Effect

Spain is near the top of the list of Canadians who want a European retirement base, and Madrid is one of my favourite cities. The weather is one of many advantages to spending time in Madrid, so I decided to revisit it earlier this month. Older Canadians are back to travelling and searching out different lifestyles at pre-pandemic levels. While some wealth is being transferred from Baby Boomers to Gen….

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Caregiving, Elder Management, Smart Ageing

Never Underestimate the Value of the Small Things… in Will Drafting

This blog has been written by Karen La Caprara, Counsel at Fasken LLP. It can be easy as a will-drafting lawyer or clerk to approach drafting a will in the same manner as drafting a commercial contract. Like a commercial contract, it is critical that a will does what it is intended to do, provides a clear path to get there and includes options for various eventualities, all in a….

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Empowering families: protecting the ones that need it the most

Many of us are speaking to our clients about estate planning or supporting clients who are speaking to their other advisors about estate planning.  Have you thought about the questions that we pose to such clients.   Have you thought about your estate plan? Is  your will drafted as per your wishes and needs? Do you have a power of attorney in place? Who will do what in case something comes….

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Caregiving, Disability, Estate Planning

Moral Obligation vs Testamentary Freedom: Which Should Prevail?

*This blog post was written by Ruth Paul, articling student at de VRIES LITIGATION LLP* Testamentary freedom is a guiding principle in Canadian estates law. It operates under the presumption that individuals are free to dispose of their estate however they see fit. However, testamentary freedom is not an absolute right. It is subject to statutory limitations that vary between provinces. In Ontario, these limitations are imposed by the Succession….

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