Courts

Total 62 Posts

Don’t Assume You Can Access Your Money

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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 Professions

Limitation Periods and Fraudulent Concealment

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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

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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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Capacity Law, Courts, In the News

No Costs For You!

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The recent case of Donovan v. MacKenzie, 2021 ONSC 1865 (CanLII) demonstrates the wide and sometimes unpredictable nature of a judge’s discretion when it comes to costs. In this guardianship dispute, the applicant sister (“Jacqueline”) and the respondent brother (“Kieran”) were embroiled in litigation relating to their father, John Kenneth MacKenzie (“John”). Litigation was commenced in October 2017 by Jacqueline pursuant to the Substitute Decisions Act to be appointed as….

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Capacity Law, Costs, Courts, Elder Care, Elder Law, Estate Litigation, Family Conflict, Guardianship, POA Compensation, Power of Attorney, Powers Of Attorney and Guardianship Disputes

COVID-19 Update: Court Hearings To Be Deferred

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I previously blogged about Chief Justice Morawetz’s December 29, 2020 Notice to the Profession that that all non-jury matters shall proceed virtually unless it is absolutely necessary for the matter to be conducted in person. Chief Justice Morawetz now has put forward a new Notice to the Profession dated April 20, 2021. Due to the worsening COVID-19 situation, in order to reduce the number of court staff, counsel or parties….

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Courts, Estate Litigation

Inheritance and Tax

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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….

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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
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