Contracts

Total 39 Posts

Constructive Trust and Proprietary Estoppel – Built With Your Own Hands

• • 0 Comments

Families often fall into patterns and routines; they are comfortable, stable, and predictable. They can also give rise to legal rights over land. The extent and enforceability of those rights will be put to the test following death or divorce. Such was the case in Tomek v Zabukovec, 2020 ONSC 2930. Joseph Sr. (the “Deceased”) and his wife Mary had two sons, Joseph Jr. (the “Husband”) and Edward. In August….

Constructive Trust and Proprietary Estoppel – Built With Your Own Hands Continue Reading »

Contracts, Estate Litigation, Family Conflict, Property, Real Estate, Spouse

From e-Wills to Blockchain Estates

• • 1 Comment

This blog was written by Isabelle Cadotte – Estate and Trust Consultant with Scotia Wealth Management One of the silver linings of the pandemic has been our collective rethinking of how we work and our willingness to embrace technology that helps us stay connected and work smarter. From remotely sworn affidavits, to virtual courtrooms and e-filings, courts across the country are embracing the opportunity to modernize their processes and increase….

From e-Wills to Blockchain Estates Continue Reading »

Contracts, Courts, Estate Planning, In the News, Uncategorized, Wills

Hidden Fees – A Breach of Trust

• • 0 Comments

Registered accounts are often set up as express trust accounts, with the bank acting as trustee and the account holder as beneficiary. In these cases, banks are subject to all the same fiduciary duties and responsibilities that apply to all trustees – meaning they cannot charge hidden fees…..

Hidden Fees – A Breach of Trust Continue Reading »

Compensation, Contracts, Estate Litigation, Fiduciary Professions, Passing Of Trustees’ and Executors’ Accounts, Trustee, Trustee Compensation, Trusts

When is a Dividend Not a Dividend?

• • 0 Comments

In Trower v. the Queen, 2019 TCC 77, the Company was privately held by the taxpayer and her spouse (49% and 51% respectively) until the taxpayer ceased to be shareholder in the Fall of 2016, pursuant to a separation agreement between the spouses. The company prepared and filed a T5 tax slip to document that dividends were paid in 2016 to the taxpayer prior to her ceasing to be a….

When is a Dividend Not a Dividend? Continue Reading »

Canada Revenue Agency, Contracts, Estate Administration, Practice Management, Separation, Small Business, Spouse, Tax Issues, Uncategorized

Alberta’s Supported Decision-Making Authorizations

• • 0 Comments

This blog was written by Isabelle Cadotte – Estate and Trust Consultant with Scotia Wealth Management We’re all familiar with Wills, Enduring Powers of Attorney and Personal Directives but have you heard of Supported Decision-Making Authorizations (SDMAs)? SDMAs are available in Alberta for adult individuals who have mental capacity but may require assistance from a friend or family member when interacting with health care professionals. It can be particularly useful….

Alberta’s Supported Decision-Making Authorizations Continue Reading »

Contracts, Disability, Elder Care, Healthcare, Uncategorized

Grammar saves lives

• • 3 Comments

  In this week’s blog I’m going to try to do the impossible; make syntax and legal drafting interesting. Why? One comma can be the difference between life and death. It’s the difference between: Let’s eat Grandma! and Let’s eat, Grandma! Legalese, not so easy In the context of an estate, how do you interpret the following? All of the residue and remainder of my property I give and devise….

Grammar saves lives Continue Reading »

Contested wills, Contracts, Estate Litigation, Uncategorized, Wills
Scroll to Top