Total 62 Posts
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…..
MAID Update – Bill C-7 Continue Reading »
Capacity Law, Caregiving, Courts, Disability, Elder Care, Elder Law, Estate Litigation, Family Conflict, Fiduciary Professions, Geriatric Care Management, Healthcare, Medical Assistance in Dying
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,….
An ETDL will continue to act until all appeals exhausted Continue Reading »
Courts, Estate Litigation, ExecutorsThe 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….
Big New Rules for Small Estates Continue Reading »
Courts, Estate Administration, Estate Administration and Probate Applications, Executors, Trustee, WillsI previously blogged about Chief Justice Morawetz’s new Notice to the Profession (effective December 29, 2020) that that all non-jury matters shall proceed virtually unless it is absolutely necessary for the matter to be conducted in person. This Notice to the Profession has now been applied in Flying E. Ranche Ltd. v. Attorney General of Canada, 2020 ONSC 8072 where the court refused to adjourn a complex trial, instead directing….
COVID-19 Update: No Adjournment of Virtual Trial Continue Reading »
Courts, In the NewsMost know that you don’t have to be legally married to have a “spouse” for income tax purposes, although legal marriage will work. If you have been living with someone in a conjugal relationship for 12 months or more regardless of your sex at birth, you will be considered spouses for tax purposes. You can ignore the 12 month requirement if you are living together and you are both parents….
When Are You Married? Continue Reading »
Contested wills, Courts, Estate Administration, Estate Litigation, Estate Planning, Family Conflict, Spouse, Testamentary Capacity, Uncategorized, WillsThe government suspended limitation periods between March and September due to COVID-19. The government believed that it had properly done so. Nevertheless, the government asked the court to confirm it had properly done so due to amorphous concerns that had been raised. Justice Myers dismissed this application as it would have the court cross the line that separated an independent judiciary from the executive and legislative branches. The government had….
