Courts

Total 59 Posts

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

MAID Update – Bill C-7

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The senate has passed Bill C-7, which introduces changes to Canada’s Criminal Code provisions regulating MAID. The changes will create a new, two-track system for applying for MAID…..

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Capacity Law, Caregiving, Courts, Disability, Elder Care, Elder Law, Estate Litigation, Family Conflict, Fiduciary Professions, Geriatric Care Management, Healthcare, Medical Assistance in Dying

An ETDL will continue to act until all appeals exhausted

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I previously blogged about the case of Gefen v. Gaertner where the Court of Appeal quashed an appeal regarding an estate trustee during litigation (ETDL) and punted the matter to the Divisional Court. Now this estate has generated another appeal regarding the ETDL – this time properly brought before the Divisional Court – which dealt with whether an ETDL’s role continued after a judgment is appealed. In Gefen v. Gefen,….

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Courts, Estate Litigation, Executors

Big New Rules for Small Estates

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The law in Canada is not static – it evolves and changes to meet our society’s needs through incremental changes to the common law (i.e. the application and interpretation of the law through the courts) and through legislative changes. One recent change to Ontario’s laws was made through the Smarter and Stronger Justice Act, 2020 (the “Act”). The purpose of the Act is to make it easier, faster and more….

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Courts, Estate Administration, Estate Administration and Probate Applications, Executors, Trustee, Wills
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