Total 413 Posts
The issue before the Court of Appeal was whether clients, have represented to a court for the purpose of fixing the costs of an injunction application that the accounts rendered by its former solicitors were reasonable, can later apply to another court for an order permitting assessment (i.e. a formal review) of those accounts. ….
Assessing a Lawyer’s Accounts Continue Reading »
Estate LitigationAs my fellow bloggers have explained in some detail, there are various tenets governing trusts having legal and tax implications depending on the circumstances. One of these is the location of “central management and control” which the Courts have previously ruled as being the basis for determining residency. Recently, the Supreme Court of Newfoundland and Labrador was asked to rule on the specific issue of residency which would have significant….
RESIDENCY OF A TRUST – A QUESTION OF MANAGEMENT AND CONTROL Continue Reading »
Canada Revenue Agency, Estate Administration, Estate Litigation, Estate Planning, Investments, Property, Trustee, TrustsThe CRA recently began an initiative to consolidate the information provided in its income tax interpretation bulletins and income tax technical newsletters. The new publications are called “folios”. As each folio is released, it is subject to a three-month comment period. In late September, the CRA released “S6-F2-C1-Disposition of an Income Interest in a Trust”, which, among other things, summarizes the tax consequences of a disclaimer, release or surrender. A….
Facebook advise that they now have over 1.25 billion account owners. It is estimated that there are over 17 million users in Canada and the over age 65 age group is the fastest growing segment. It is also estimated that 30 million facebook account owners have died and 10% have memorial pages. These are very large numbers for something that is in its infancy. I have been following some of….
The size and scope of social media is a challenge for estate planning Continue Reading »
Estate LitigationA recent decision of Justice D. M. Brown, Re Estate of Albert Applegath III, provides an overview of the necessary steps a foreign executor must take to have her authority recognized in Ontario. Albert Applegath III died a resident of New Mexico. His will appointed his wife, Clavis, as executor of his estate. After applying to the New Mexico district court, Clavis was granted “Letters Testamentary” appointing her as the….
Foreign Executors Must Be Careful to Follow the Rules Continue Reading »
Estate Litigation, Fiduciary Professions, Home-Left, Home-Right, InternationalIn McNamee v. McNamee, the Court of Appeal reviewed the essential ingredients of a legally valid gift. The issue on appeal was whether 500 common shares in the family business, which had been transferred to Mr. McNamee Jr. constituted a gift for the purposes of s. 4(2) of the Family Law Act.
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Ontario Court of Appeal Considers When is a Gift Not a Gift Continue Reading »
Estate Litigation, Succession Planning, Wills