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Ordering a Capacity Assessment When it is Resisted

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Section 105 of the Courts of Justice Act, R.S.O. 1990, c. C.43 and s. 79 of the Substitute Decisions Act, 1992, S.O. 1992, c. 30 provide the court with authority to order a capacity assessment, even when the individual objects. It is an extraordinary power but not one that is utilized lightly by the court. A recent decision of the Superior Court of Justice serves as good reminder and review….

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Capacity Law, Uncategorized

Summer time and the living is easy- but only if you plan ahead.

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Are you planning any summer holidays?  Are you travelling alone or with your family?  Should you decide to vacation with your older parent, there are some pre planning tips that can make this journey more enjoyable for both of you. Firstly, know what type of holiday would be best for everyone. Extensive touring, outings, or excursions can be tiring for older individuals. There are some senior friendly travel agencies which….

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Digital Assets: Spotlighting Client User Considerations (Part I)

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Today’s blog post was written in collaboration with Adele Ambrose – Student-at-Law at Fasken. It has become clear that the “wait and see” approach to digital assets and digital currency has now shifted to a need for prudent guidance and action by advisors and institutions. According to CoinMarketCap, the total market capitalization for all cryptocurrencies is just under 1 trillion and in 2021 it was at 2 trillion dollars. Though….

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Contracts, Estate Administration, Estate Planning, Property, Succession Planning, Uncategorized, Wills

Where There’s a Will, There’s a Digital Way: Part #1

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This blog was written by Ardena Bašić The stereotypical will everyone imagines usually consists of aged scrolls, fine black ink and sophisticated language such as “henceforth” and “thereafter.” However, in our increasingly digitized world, a new type of estate planning has arrived. Online, digital and electronic wills are increasingly rising in prominence, and are on track to become far more common than the aforementioned ‘founding fathers style’ scroll. In fact,….

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Leaving testamentary gifts vs giving while living – By: Yvonne Mazurak

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As others have previously noted on this blog, over the coming years, we will be witnessing an unprecedent transfer of wealth from one generation to the next. While much will be transferring by way of inheritance, some who are in a position to, might wish to consider transferring assets to their families and others while they are still alive. When deciding whether to make lifetime gifts, the first factor to….

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Estate Administration, Estate Planning, Uncategorized, Wills

‘Wishful Thinking Isn’t Thinking’

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I continuously try to ‘live in the moment’ but I am often not successful. Today the sun is shining and Rory McIlroy just won his second Canadian Open. While it is exciting  for so many of us, for so many reasons, part of my day was spent supporting a dear friend, who is waiting for a diagnosis.  Is the sun is still shining? The ‘waiting’ some say, may be worse….

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