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Golden Girls Act, 2019 – Will the Path to Cohabitation Soon be Paved in Gold?

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Today’s blog is co-written with Jennifer Campbell, a law clerk in the Private Client Services group of Fasken LLP. Recently Durham MPP Lindsey Park tabled a private member’s bill (Bill 69), which looks to amend Ontario’s Planning Act to prevent municipalities from using local bylaws to prohibit seniors from cohabitating. Bill 69 is inspired by four Port Perry seniors who, in 2016, wanted to move into a house together. After….

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Two Isn’t Always Better Than One: The Perils of Joint Accounts

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This blog was written by Lara Besharat Earlier this month, a Toronto-based FinTech company launched a new feature for their app that aims to simplify the process of creating and maintaining a joint account. The app allows for joint accounts to be created and managed entirely via your mobile device, and, with equal power over the account, users can send e-transfers, deposit money, and reload the account with the pre-paid….

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Estate Planning, In the News, Property, Resulting Trust, Uncategorized

Lifestyles of the Rich and the Famous… Or in this Case, One Rich and Famous Cat!

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Today’s blog is being brought to you by guest blogger, Jennifer Campbell, a law clerk in the Private Client Services group of Fasken LLP. This week, the fashion world lost an icon with the passing of creative director for Chanel, fashion designer and artist, Karl Lagerfeld. While everyone reminisces about his work and the legacy he leaves behind, there is one other thing that people can’t stop talking about and….

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Estate donations, Time and Flexibility

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Last week I visited Princess Margaret Cancer Centre in Toronto for a grant status update meeting with a family foundation. I used to work at the Princess Margaret Cancer Foundation, but left 20 years ago. Returning after two decades provided me perspective on two key charitable estate planning considerations: time and flexibility. The Cancer Centre and the treatment of cancer has changed massively since I worked there. An obvious sign….

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

Estate Applied to Have Filings Made by Taxpayer Lacking Mental Capacity Set Aside

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In Ntakos Estate v. The Queen, 2018 TCC 224, a family business was owned by the deceased taxpayer, Anna (after her husband passed away in 1995) with two brothers-in-law through a holding corporation. Anna’s mental and physical health declined from 1995 until her death in 2004. She was diagnosed in 2002 with cancer, and apparently lacked mental capacity after that date. In 2003, the accountant for the family business got….

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Canada Revenue Agency, Capacity Law, Estate Administration, Family Conflict, Investments, Property, Small Business, Spouse, Tax Issues, Testamentary Capacity, Uncategorized

A Cautionary Crypto-Tale

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My fellow blogger Maureen Berry and colleague Demetre Vasilounis, Student-at-Law, recently blogged about a form of digital assets that has received limited treatment in Canadian estate law commentary, namely digital assets that continue to generate revenue after the death of the owner, such as the YouTube and Twitch “Partner” programs. To the above we can now add a further consideration to the world of estate planning for digital assets, that….

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