Costs in Capacity Litigation

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The question of who will bear the costs of a proceeding at the end of the day is often hotly debated, but the matter may be more complex in cases where the litigation concerns the guardianship of, or issues relating to, an incapable individual. The court in Fiacco v. Lombardi (“Fiacco”) makes clear that “The exercise of the court’s discretion in respect of cost claims in capacity litigation should reflect….

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Capacity Law, Costs, Estate Litigation, Family Conflict, Guardianship

Embracing Intimacy Across the Ages

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By: Andrea Brodey, ECI social worker: As our population ages, the topic of aging and sexuality has become increasingly relevant. Society has long seen sexuality as a young persons’ domain. Both the public and medical professionals can be dismissive and uncomfortable with the idea that older people often still desire sexuality and intimacy. Despite societal stereotypes and misconceptions, older adults continue to experience desires and sexual needs well into their….

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Caregiving, Elder Care

PRACTICAL SUGGESTIONS FOR LAWYERS ACTING AS EXECUTORS

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Working in the estates administration area we are called upon to advise and guide clients on their duties, obligations and responsibilities in connection with their role as the executor for the estate.  What happens when your client is also a lawyer?  This blog is not meant to provide legal advice but rather, it is meant to provide some suggestions. Record Keeping Lawyers acting as executors have the same obligations that….

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Estate Administration, Estate Planning, Executors, Wills

Gifts of Real Estate, with restrictions

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Early in my charitable planning career my employer was offered a donation of islands on Georgian Bay.  Surrounding the 100-year-old family cottage were sheds, cabins and boat houses.  The donors had a vision: it would be a children’s camp. It was a stunning property.  Valuable, despite the sagging, mouse-infested buildings.  But this gift by will was contingent and restricted.  It would be a children’s camp, or nothing at all.  The….

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Estate Donations, Estate Planning, Philanthropy/Charitable Giving

Declaratory Relief – Not Always Available

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Declaratory Relief Defined It is well understood that a court can order a party to do something or order a party to refrain from doing something. Another power of the court is its ability to make declarations. The Court of Appeal for Ontario defined a declaratory judgment in Bryton Capital Corp. GP Ltd. v CIM Bayview Creek Inc., 2023 ONCA 363, as follows: “a formal statement by a court pronouncing….

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Appeals, Contracts, Courts, Estate Administration, Executors, Fiduciary Professions, Trustee

Effective Communication Is the Bedrock For Optimal Eldercare

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Photo by Alex Andrews: https://www.pexels.com/photo/three-black-handset-toys-821754/

Effective communication is the bedrock for functional eldercare teams. In many disputes related to care of an elderly or disabled person, poor communication is at the core of a dysfunctional team that cannot work together to provide optimal care for the client. Caregiving is a team sport complicated by the fact there is usually more than one team – and the teams overlap! For example, in an urgent healthcare situation,….

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Caregiving, Elder Care, Elder Management, Geriatric Care Management
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