Guardianship

Total 84 Posts

Can You be Removed as a Trustee Without a Replacement?

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The recent case of Novak v. McDougall, (2019 SKQB 261), confirms that when you have accepted an appointment to be trustee, you may not be able to have yourself removed from that appointment without a suitable replacement. The applicant in this case, a beneficiary of a “Henson” trust (basically defined as being entitled to distributions from a discretionary trust but having no vested interest in the trust assets) set up….

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Capacity Law, Contested wills, Costs, Credibility, Estate Administration, Estate Litigation, Executors, Family Conflict, Guardianship, Passing Of Trustees’ and Executors’ Accounts, Resulting Trust, Trustee, Trustee Compensation, Trustee Disputes, Trusts, Uncategorized, Wills

New Guidelines on Provision of CPR in Hospitals

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The case of Wawrzyniak v. Livingstone, 2019 ONSC 4900 (CanLII) is a landmark decision that readers may find interesting. It clarifies physicians’ obligations with respect to the writing of no-CPR (cardiopulmonary resuscitation) orders and the provision of CPR in Ontario hospitals. The decision has led to the College of Physicians and Surgeons of Ontario (CPSO) to update their policy addressing end of life care.[i] Until now, the policy from the….

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Capacity Law, Caregiving, Elder Care, Elder Law, Fiduciary Professions, Geriatric Care Management, Guardianship, Healthcare, Medical Assistance in Dying, Power of Attorney

Trustee’s Personal Liability – It Could Go on for Years!

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Take the case of Estate of Ronald Alfred Craymer v Hayward et al, 2019 ONSC 4600, The Craymers were married in the 1980’s. It was a second marriage for Mrs. Craymer and a fourth marriage for Mr. Craymer. At the time of their marriage, Mrs. Craymer had three adult children of her own and Mr. Craymer had four adult children. The Craymers were married for thirty-two years until Mrs. Craymer….

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Capacity Law, Estate Administration, Executors, Guardianship, Liability, Passing Of Trustees’ and Executors’ Accounts, Power of Attorney, Spouse, Trustee, Uncategorized

Power of Attorney Disputes: Effective Capacity Assessments

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I was honoured to moderate a panel today at the Advocates’ Society’s CPD today “Capable or Not? How to Effectively Litigate and Mediate a Power of Attorney Dispute” (which will be available for purchase online in a couple of months as a webcast archive at TAS’ website). Justices McEwen and Pattillo both spoke and both justices agreed that Justice Penny’s recent decision in Adler v. Gregor, 2019 ONSC 3037 should be….

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Capacity Law, Elder Law, Guardianship, Power of Attorney

Homicide in Ontario LTC Homes

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Readers in Ontario are likely familiar with Elizabeth Tracy Mae Wettlaufer, a former registered nurse, who confessed to murdering eight senior citizens and attempting to murder six others in southwestern Ontario long term care (LTC) homes between 2007 and 2016. Following her criminal conviction, the province of Ontario established a Public Inquiry into the Safety and Security of Residents in the Long-term Care Homes System led by Justice Eileen Gillese…..

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Elder Care, Elder Law, Geriatric Care Management, Guardianship, Healthcare, In the News

Trusts and Trust Resettlements – Variations and Circumstances

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Variation(s) of a trust agreement, after it is settled, does carry the risk of causing a resettlement of a trust or a disposition of a beneficiary’s interest in the trust, with serious tax consequences. But not all variations lead to resettlement, fortunately. Recently in an advance ruling, the Canada revenue Agency (“CRA”) was asked to consider whether a trustee seeking to amend a trust agreement for the appointment of the….

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Canada Revenue Agency, Disability, Estate Administration, Executors, Guardianship, Spouse, Tax Issues, Testamentary Capacity, Trustee, Trusts, Uncategorized
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