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Category Archives: TOPICS

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Mickey Rooney’s Legacy

Posted in Elder Law, In the News, Litigation
Most readers will already be aware that Mickey Rooney died on April 6, 2014, at the age of 93.  Last week, the late Mickey Rooney’s family appeared in court to dispute the ultimate disposition of Mr. Rooney’s remains. Mr. Rooney’s ex-wife, Jan Chamberlain, claims that Rooney would have wanted to be buried in a cemetery … Continue Reading

Extreme Burials

Posted in Executors and Trustees, Funerals, Wills
The Last Will of Napoleon Bonaparte states, “…It is my wish that my ashes may repose on the banks of the Seine, in the midst of the French people, whom I have loved so well”.  It is interesting to note that Napoleon wishes, and not instructs, this type of burial.  In Ontario, there is no … Continue Reading

The Structured Settlement

Posted in Guardianship
Many of the guardianship applications our firm prepares concern the management of tort settlement funds.  The form of these funds may be typically be either by way of: (i) structured settlement, or (ii) lump sum.  A recent decision out of the Ontario Superior Court of Justice in Thunder Bay provides the Court’s opinion as to … Continue Reading

Doctors Speak out against Unnecessary Medical Tests

Posted in Health / Medical
Nine national medical organizations in Canada, including the Canadian Medical Association, have gotten together to speak out against ordering unnecessary medical testing and procedures that patients do not always need.  The list of 40 tests, treatments and procedures are based on definitive evidence that these interventions provide “no benefit to patients”, and may do more … Continue Reading

Toronto Lawyer Makes a Posthumous Argument for Assisted Suicide

Posted in Ethical Issues, In the News
A Toronto criminal lawyer suffering from ALS, a terminal, incurable disease, sent a letter to his friends and colleagues before he died arguing posthumously for assisted suicide.  Edward Hung, who travelled to Switzerland for assistance in ending his life, argued that Canada’s laws against assisted suicide are “unjust.” In his letter, titled Approaching Death, Mr. … Continue Reading

Law Society of England and Wales Accepts Sharia-Compliant Wills

Posted in Estate Planning, In the News, Wills
The Law Society of England and Wales recently published a practice direction with respect to the drafting of Sharia-compliant wills.  There are 2.7 million Muslims living in the United Kingdom, many who wish to obtain a Sharia-compliant will for religious purposes. If an individual living in England chooses to distribute his or her assets according … Continue Reading

International Children’s Memorial Place

Posted in General Interest
  Prince Edward Island is the home of the International Children’s Memorial Place (“ICMP”). The mission of the ICMP is to promote and foster the health and well-being of individuals and families who grieve for the physical and emotional loss of a child. ICMP operates a beautiful 12 acre park dedicated to the memory of … Continue Reading

Settling Everything But Costs

Posted in Litigation
Parties to a proceeding often are able to come to a resolution of all issues, other than costs. All sides are, usually reluctantly, prepared to come to a compromise. However, with respect to the nagging issue of costs, each side feels that the other side caused the litigation and the associated costs, and wants the … Continue Reading

The 3Cs at the Estates List in Toronto

Posted in Estate & Trust
New Practice Directions were implemented for the Estates List in Toronto consolidating the Estates List and the Commercial List as of November 18, 2013.  Justice Brown has just released an endorsement respecting Scheduling Directions on March 4, 2014 for the enforcement of the “3Cs” on the Toronto Region Estates List. What are the 3Cs you … Continue Reading

Blood Testing: The New Crystal Ball for Dementia

Posted in Capacity, Estate Planning, General Interest, Health / Medical, In the News, Power of Attorney
Last week on our blog, Josh Eisen blogged about a death test which uses blood samples to identify people with higher short-term risk of dying.  There appears to be a pattern developing in the scientific community with regard to the use of blood tests as the new crystal ball for our fate. A new study … Continue Reading

Inaccessibility of Digital Assets

Posted in Estate Planning, In the News
Digital estate planning is becoming an increasingly common practice.  However, security measures of internet and technology corporations have the potential to disrupt the implementation of a testator’s plans. A recent news article tells the story of a woman named Anthea Grant, who purchased an iPad for use during two years of cancer treatment. The device … Continue Reading

Memory Sports: the Competitive World of the Mind

Posted in General Interest
With the Winter Olympics and its display of physical athleticism just past, mental athleticism deserves the same amount of attention for what memory athletes have accomplished through practice and training. The World Memory Championships started in 1991.  Every year there is a 3-day competition in which one person is crowned as the World Memory Champion … Continue Reading

The Death Test

Posted in Health / Medical
Tests can be frightening.  Math tests, driving tests, medical tests – for many people, these are among the most intensely stressful experiences that we go through.  The odds are good that you have had at least one nightmare about showing up for a test late or unprepared and not knowing any of the answers.  If … Continue Reading

Aging Population Putting a Strain on Prison System

Posted in Elder Law
Of Canada’s fifteen thousand federal inmates, 20% are over the age of 50.  This figure is subject to increase, due to the length of the average life sentence and the current rate at which Canadian criminals are being incarcerated. Inmates over the age of 50 are considered to be “aging”.  This takes into account the … Continue Reading

Medically Assisted Suicide Heats Up At Federal Liberal Party Convention

Posted in Ethical Issues, Health / Medical, In the News
On February 23, 2014, the Federal Liberal party of Canada passed a resolution which aims to de-criminalize medically assisted suicide. The resolution was passed during the party’s biennial policy convention, echoing the Quebec legislatures current legislative reform proposals and foreshadowing the Supreme Court of Canada’s vow to revisit the controversial issue for the first time … Continue Reading