In The News | All About Estates

Court of Appeal Upholds Testamentary Freedom

First Last • March 9, 2016

Today’s blog is written by guest blogger Adam Parachin, Associate Professor at the Faculty of Law at the University of Western Ontario.

The Ontario Court of Appeal has released its decision in Spence Estate (Re) 2016 ONCA 196. In reversing the lower court holding of Justice Gilmore, the Court of Appeal confirmed – wait for it – that testators are not obligated to benefit the persons they are not obligated to benefit. The most astounding feature of the judgment is that it was necessary in the first place…..

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Estate Litigation, Executors, In the News

Compassionate Care Benefits- Update

Audrey Miller • March 3, 2016

Effective January 3rd, 2016, the Government of Canada announced an increase in the duration of the Employment Insurance (EI) compassionate care benefit which allows claimants to collect up to 26 weeks of benefits, up from the current six weeks, for the care of a family member with a serious medical condition with a significant risk of death. ….

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

Planning For The ‘Unknown’.

Audrey Miller • February 18, 2016

We all know someone who has taken ill or has been critically injured. No one expects that life as they know it can change drastically from one moment to the next. How can you plan for the ‘unknown’?….

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Disability, Elder Care, Geriatric Care Management, In the News

Court Guidelines for Physician Assisted Death

Justin de Vries • February 10, 2016

In light of the recent decision of the Supreme Court of Canada granting the Federal Government an additional 4 months to draft and pass physician assisted death legislation, the Ontario Superior Court of Justice has released practice directions for the legal profession and the public where a court order is sought allowing a patient to take his/her own life with the help of a doctor. This blog discusses those guidelines. ….

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Capacity Law, Geriatric Care Management, In the News

RESIDENCY OF A TRUST – A QUESTION OF MANAGEMENT AND CONTROL II: A View from the CRA Bridge!

Steven Frye • February 9, 2016

Last fall I wrote about the Supreme Court of Newfoundland and Labrador being asked to rule on the specific issue of residency which would have significant tax implications to the trust depending on the Court’s determination. In Discovery Trust vs Canada (National Revenue), 201201G6615, at issue was whether a trust was a resident of Newfoundland and Labrador where the beneficiaries resided or in Alberta where the trustee was a resident…..

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Canada Revenue Agency, Estate Administration, Estate Administration and Probate Applications, Estate Litigation, Estate Planning, Executors, In the News, Liability, Property, Tax Issues, Trustee, Trustee Disputes, Trusts, Wills

Let’s Talk- About Mental Health

Audrey Miller • January 28, 2016

Yesterday was Bell Canada’s ‘Let’s Talk’ day which is in support of mental health awareness. Bell has opted to talk openly about mental illness with the hope of reducing stigma so that people can get the help they need. One in five Canadians will have or have had a mental illness. This illness crosses all ages and Dementia, which I blog about routinely, is also defined within the mental health….

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Disability, Geriatric Care Management, In the News