Attorney Compensation

Total 15 Posts

Record Keeping as an Attorney for Property

• • 0 Comments

In Ventura v Ventura, 2022 ONSC 6351 (“Ventura”), the Court dealt with a number of issues relating to the duties and obligations of attorneys for property. In Ventura, “A”, “L”, and “E” were appointed as joint attorneys for property and personal care of their mother, “M”. In 2012, M was diagnosed with dementia. Around the same time, A sold his home and moved himself and his family into M’s home…..

Record Keeping as an Attorney for Property Continue Reading »

Attorney Compensation, POA Compensation, Power of Attorney, Powers Of Attorney and Guardianship Disputes

Estate Trustee Compensation – Discretionary Factors

• • 1 Comment

Estate trustees are entitled to seek compensation for their work. Unless an exception applies, the court will exercise its discretion to determine the amount…..

Estate Trustee Compensation – Discretionary Factors Continue Reading »

Attorney Compensation, Compensation, Estate Administration, Estate Litigation, Executors, Family Conflict, Fiduciary Professions, Passing Of Trustees’ and Executors’ Accounts, Trustee, Trustee Compensation, Trustee Disputes

Compensation as Attorney for Personal Care: Guided by Reasonableness and Proportionality

• • 0 Comments

The 2021 decision in Sasso v. Sasso[1] was recently affirmed by the Ontario Court of Appeal. The Sasso case has a few interesting aspects to it but for the purpose of this blog I focus on the claim for compensation which was made by an attorney for personal care. Although it may not happen often, attorneys for personal care can claim compensation. Unlike guardians and attorneys for property, calculating the….

Compensation as Attorney for Personal Care: Guided by Reasonableness and Proportionality Continue Reading »

Attorney Compensation, Caregiving

Inheritance and Tax

• • 0 Comments

There is renewed discussion on whether Canada will become another jurisdiction where specific gift or estate taxes will be imposed on inheritances. There is speculation that the discussion will lead to something concrete as early as next week’s Federal Budget. In the meantime, there are situations where inheritances can come with a tax burden, such as the one described in a recent Tax Court of Canada case (Goldman v. the….

Inheritance and Tax Continue Reading »

Attorney Compensation, Canada Revenue Agency, Compensation, Costs, Courts, Estate Administration, Estate Administration and Probate Applications, Estate Litigation, Executors, Investments, Liability, Tax Issues, Trustee, Trustee Compensation, Trusts, Uncategorized

WHAT ABOUT A CORPORATE EXECUTOR?

• • 1 Comment

A lot has been written about how should choose an executor, and some of it in this blog place. A couple of years ago, fellow boggler Emily Hubling wrote eloquently about the risk and rewards of appointing a professional advisor as executor. I would like to revisit some of the points made in the context of appointing a corporate executor, some who is specifically skilled and trained for the role…..

WHAT ABOUT A CORPORATE EXECUTOR? Continue Reading »

Attorney Compensation, Compensation, Credibility, Estate Administration, Estate Administration and Probate Applications, Estate Planning, Executors, Fiduciary Professions, Trustee Compensation, Trusts, Uncategorized, Wills

No Passing of Accounts Unless “Significant Concern”

• • 1 Comment

Emerson and Marie Lewis appointed two of their six adult children, Donald and Douglas Lewis, as their attorneys for property. Their remaining four children (the “non-attorney siblings”) commenced an application pursuant to ss. 42(1) and (4) of the Substitute Decisions Act, 1992, S.O. 1992, c.30 (the “SDA”) for leave to require Donald and Douglas to pass their accounts as their parents’ attorneys for property. The application judge dismissed their application,….

No Passing of Accounts Unless “Significant Concern” Continue Reading »

Attorney Compensation, Capacity Law, Elder Care, Elder Law, Family Conflict, Fiduciary Professions, Geriatric Care Management, Guardianship, Passing Of Trustees’ and Executors’ Accounts, Power of Attorney, Powers Of Attorney and Guardianship Disputes
Scroll to Top