Evidence of Contempt – More than Hearsay
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Courts, Credibility, Estate Litigation, Family Conflict, Fiduciary Professions, Liability, Passing Of Trustees’ and Executors’ Accounts, TrustsCourts
Total 59 Posts
Valuation for Estate Planning – Some Hard Lessons
In a recent case in Tax Court, Lauria v HMQ 2021 TCC 66, the taxpayers, both officers and directors of a company held shares in the company as a result of employee share option agreements granted to them. In early 2006, the company founders decided to pursue an initial public offering (“IPO”) of the company and hired an underwriter for that purpose. Apparently upon the advice of the company’s chief….
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Canada Revenue Agency, Courts, Estate Planning, Investments, Limitation periods, Tax Issues, Trusts, valuationRole of the Health Practitioner at Board Hearings: Recommendation for Reform
The Consent and Capacity Board (“Board”) in Ontario is a quasi-judicial administrative tribunal which operates at arm’s length from the Ministry of Health. The Board convenes hearings and makes decisions under six pieces of legislation, but most hearings relate to the Health Care Consent Act (HCCA) and the Mental Health Act (MHA). According to the Board’s website,[i] over 5,200 hearings were convened in the 2019/2020 fiscal year. Applications to the….
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Capacity Law, Courts, Disability, Guardianship, HealthcareDon’t Assume You Can Access Your Money
Litigation can be expensive. At the forefront of the minds of many parties is the question of how to pay the legal costs. Sometimes the money that a party needs (or wants) to access in order to pay for the litigation is at the centre of the dispute. This can be the case in estate litigation when there is a question of who owns an asset, such as multiple beneficiaries….
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Costs, Courts, Fiduciary ProfessionsLimitation Periods and Fraudulent Concealment
Missing a limitation period can be highly detrimental to any case. But, what happens when the party simply does not know he or she has a claim, as a result of the conduct of another? This issue, among others, was addressed in the recent Ontario Court of Appeal decision, Beaudoin Estate v. Campbellford Memorial Hospital, 2021 ONCA 57 (“Beaudoin”). By way of background, and with respect to matters concerning estates,….
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Courts, Limitation periods#FreeBritney: Toxic, Conservatorships, and Guardianship Abuse
This blog was written by Raluca Gondor You may know Britney Spears for her hit songs like Piece of Me, Toxic, and Criminal. But lurking behind a wildly successful career is a darker aspect of her life, one that may be foreshadowed by her song titles: Britney Spears’ conservatorship. Since February 2008, Britney Spears has been under a probate conservatorship which restricts her ability to manage her estimated $60M estate….
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