Controversies in Substitute Decision-Making Concerning Shelter for Alternate Level of Care Patients

Recently, an elderly patient suffering from moderate-to-advanced stage dementia, with behavioural complications, was hospitalized on a psychiatric admission. The patient, who was declared incapable to consent to treatment, was initially held involuntarily under the Mental Health Act, RSO 1990, C M.7 (the “MHA”). The patient had appointed a cousin as their attorney for property and personal care. However, the cousin could not be located and there was a concern that….

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Caregiving, Elder Care, Guardianship, Power of Attorney, Powers Of Attorney and Guardianship Disputes

Real Estate in Estate Planning: Tax Consequences

Today’s blog was written by Jessica Butler, Law Clerk at Fasken LLP. Many Canadians hold a large share of their wealth in personally-owned real estate and consider it to be a critical part of their wealth-building strategy. Donald Sutherland, the well known Canadian actor who passed away in June of this year, is purported to have had a multimillion dollar real estate portfolio at the time of his death. For….

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Estate Planning, Probate Tax, Property, Real Estate, Tax Issues, Uncategorized

Dependant and non-dependant beneficiaries

One kind of claim that estate litigators often bring against an estate is a claim for dependant’s support. These claims are made pursuant to Part V of the Succession Law Reform Act, R.S.O. 1990, c. S.26 (the “SLRA”), and are commenced by way of application. The core of such a claim is that the deceased testator did not provide adequately for a dependant, whom the deceased was supporting prior to….

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Dependant Support, Estate Litigation

Removing and Replacing An Incapable Estate Trustee

Cartoon of a big white brain behind an older adult walking with a cane to represent dementia.

Andrew Coates, Associate, Gowling WLG (Canada) LLP Betty Laidlaw contributed an informative two-part series in 2023 regarding “What Happens If Something Happens to Your Executor?” In the second part, Betty explained the process for the alternate executor named in a Will making an application for a Certificate of Appointment of Succeeding Estate Trustee with a Will under Rule 74.06 of the Rules of Civil Procedure in the circumstance where the….

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Estate Administration, Estate Administration and Probate Applications, Executors, Trustee

Smart Ageing: Lessons from the Business World

Woman wearing glasses at home concentrating as she works on a laptop. Middle-aged woman working from home on laptop. Portrait of executive mature woman typing on laptop while working at home. photo – Working Image on Unsplash

Ageing is a hot topic in the news this summer as the US presidential campaign ramps up. Our family was in town for the Fourth of July holiday, and invariably, the conversation turned to aging, working, and when to retire. With people living longer and in good health, many people will choose to continue working. How do we plan for smart ageing, and what lessons can we apply from the….

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Elder Management, Estate Planning, Smart Ageing

Planning for Cottage Season

Today’s blog was written by Courtney Lanthier, Law Clerk at Fasken LLP With the summer months now here, we enter into another cottage season – a time for family and friends to gather, make new memories and relax and unwind. For many, cottages hold significant sentimental value. They are a place to spend time with loved ones and to watch children, and even grandchildren, grow up. But before jumping into….

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Cottage, Estate Administration, Estate Planning, Property, Uncategorized
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