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Lost in Translation: Clients Who Do Not Speak English

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Canada is one of the most culturally diverse countries in the world. Ontario is amongst its most diverse provinces. As globalization continues, Ontario’s lawyers will undoubtedly encounter a continued increase in client diversity. What are a lawyer’s responsibilities when faced with potential clients who do not speak either of Canada’s official languages? How should civil litigators deal with potential clients who want to move forward with establishing a relationship despite….

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SALE OF PERSONAL RESIDENCE AFTER DEATH

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Can an estate claim a loss for tax purposes if the estate sells the property for less than what it was valued for at time of death? Hard to imagine such circumstances in this current real estate environment but in the unlikely event it does occur, what are the rules?The Income Tax Act (“ITA”) deems a person to have disposed of their principal residence for proceeds equal to its fair….

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Canada Revenue Agency, Cottage, Estate Administration, Estate Planning, Executors, Investments, Property, Real Estate, Tax Issues, Uncategorized

Things Left Behind

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This blog was written by Suzanne Singh For several years our company had been “D’s” appointed attorney under her POA.  Up until her late-eighties D was independent and occasionally took a bus downtown to drop by our office to invite me for coffee; she would share stories of her youth in rural Ontario and her adventures as a young married woman in post-WWII era Winnipeg. She was charismatic and engaging….

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Think about your Estate Plan before you travel…

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Today’s blog was written by Courtney Lanthier, Law Clerk at Fasken LLP With winter sneaking up on us (rather quickly, I might add) and the travel bans slowly being lifted, we’re bound to get an influx of calls and e-mails from clients wanting to update their estate plans or check in to make sure everything is as it should be. If you find yourself in this situation, here are a….

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Estate Planning, Uncategorized

Name That Charity!

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“Name That Charity” sounds like a failed 1960s game show. Instead, it is an approach to estate planning that paradoxically may discourage charitable giving. This is an observation made by Kathy Hawkesworth of the Edmonton Community Foundation in a recent presentation to the Society of Estate and Trust Practitioner (STEP). Kathy’s point is financial advisors and estate lawyers often put their clients on the spot. Do they have charitable interests?….

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Charitable Giving, Estate Donations, Estate Planning, Philanthropy/Charitable Giving, Uncategorized

The Sale Must Close

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In a Will challenge proceeding, the Court in Lugarich v. Fabris, 2021 ONSC 7294, considered the interlocutory issue of whether to authorize the estate trustee appointed pursuant to the challenged Will to complete the sale of a residential property, or whether an estate trustee during litigation should be appointed to close the transaction. The Facts:  The Deceased died on December 6, 2019, leaving a Last Will and Testament dated November….

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