Interest

Total 42 Posts

When the End is not the end

• • 0 Comments

In theory, obtaining a judgement should mark the end of litigation. In practice, it can be the beginning of the just as tedious process of collecting on the judgement by way of enforcement proceedings. The plaintiff in the case of Akhavan v Taheri found this out the hard way. On December 24, 2020, the plaintiff, Akhavan, obtained a judgement in the amount of some $2.4 million dollars plus costs. The….

When the End is not the end Continue Reading »

Estate Litigation, Interest

Revisiting the “Rule of Convenience”

• • 0 Comments

Todays blog has been co-written with Murray Braithwaite, Partner, Fasken Martineau DuMoulin LLP, Toronto There has been case law in the past two years where the court has used its discretion to vary the rate of interest on legacies that have not been paid within the “executor’s year” from 5% to a lower rate of interest where the “rule of convenience” applies. Today’s blog will (i) provide a refresher on the….

Revisiting the “Rule of Convenience” Continue Reading »

Estate Administration, Executors, Interest, Wills

And who shall I say is calling?

• • 1 Comment

Reposted:  Most of us avoid talking about death, but in reality many of us think about it regularly. None of us know what the future brings but death is a certainty. We just don’t know when and how. The Jewish New Year (Rosh Hashanah) was recently celebrated, closely followed by the 10 days of Awe leading to Yom Kippur, the Day of Atonement. It is the time for prayer and….

And who shall I say is calling? Continue Reading »

Interest

Life Interest or Licence to Use?

• • 0 Comments

A person’s house is often their most valuable assets – both monetarily and emotionally. As a result, testators tend to put a lot of thought into who, and how, they wish to leave their house. However, as is always the case, best laid plans often go awry. One example of this, explored in the 2022 Court of Appeal of Ontario decision Barsoski Estate v Wesley, is when it is unclear whether the will gifts someone with a life interest in the house or a licence to use the property…..

Life Interest or Licence to Use? Continue Reading »

Charitable Giving, Contested wills, Estate Administration, Estate Litigation, Estate Planning, Interest, Philanthropy/Charitable Giving, Property, Real Estate, Succession Planning, Wills

The Something Wonderful Theory

• • 1 Comment
Peonies

I thought I would mix things up today and repost this blog, written by my son. ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ I believe in what I refer to as the Something Wonderful Theory. Since you never know when something wonderful is about to happen in your life, you might as live view each new day with optimism and have a smile on your face. If you think about the moments that really mattered in….

The Something Wonderful Theory Continue Reading »

Interest

What if… the Kardashian Deathbed Marriage Took Place under Ontario Law?

• • 0 Comments

A Thought Experiment Recently, I had the opportunity to co-author a paper on deathbed retainers with Justin de Vries. In drafting this paper, I had the occasion to think about deathbed wills from every conceivable angle. The idea for this blog started as footnote 81: a hypothetical thought experiment on the legal interaction between a deathbed marriage and a deathbed will. Case law on deathbed retainers and wills stand at….

What if… the Kardashian Deathbed Marriage Took Place under Ontario Law? Continue Reading »

Estate Planning, Family Conflict, Interest, Uncategorized
Scroll to Top