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Category Archives: General Interest

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Hot-Tubbing Experts

Posted in General Interest, Litigation
‘Hot tubbing’– or ‘concurrent evidence’ as it is more formally known, is a means of eliciting expert evidence at trial, whereby the expert witnesses give their evidence in chief together and by engaging in discussion directly with the trial judge and each other. This approach is significantly different from the traditional model of cross-examination, in … Continue Reading

Simplified procedures for small estates?

Posted in Estate Planning, Executors and Trustees, General Interest
When a person dies in Ontario and leaves a Will, his or her named Estate Trustees often need to obtain a Certificate of Appointment of Estate Trustee (previously known as “probate”) in order to deal with the Estate’s assets. The Certificate serves as: proof of the deceased’s death; authentication of the propounded Will as the … Continue Reading

Judge Decides the Sale of the L.A. Clippers

Posted in Capacity, Executors and Trustees, General Interest, In the News, Litigation, Trustees, Uncategorized
In the latest high profile trust dispute to hit the courts, the Los Angeles County Superior Court has ruled in favour of Rochelle “Shelley” Sterling thereby giving her the authority to sell the Los Angeles Clippers to Steve Ballmer for a ground breaking amount of $2 billion dollars on July 28, 2014. Our in-house sports … Continue Reading

Parents are not having Financial Planning Discussions with their Children Early Enough

Posted in Estate Planning, General Interest, In the News
A recent study from an American investment firm notes some surprising revelations about the conversations parents are having with their adult children about financial planning. Approximately 40% of parents have not discussed issues such as estate planning with their children, nor have they discussed how they may fund possible health needs in old age.  The … Continue Reading

The Importance of Providing Reasons

Posted in General Interest, Litigation
Blundell v Milmine, a decision handed down last Thursday by the Ontario Court of Appeal, underscores the importance of judges providing adequate reasons for their conclusions.  Judgments may be appealed on the basis that the conclusions reached are not supported by the evidence.  They may also be appealed on questions of law. Sometimes, however, the … Continue Reading

Bill C-591: Manslaughter, Murder and the Canada Pension Plan

Posted in Beneficiary Designations, General Interest, Pension Benefits
On Monday June 9, 2014, Dave van Kesteren, the Conservative MP for Chatham-Kent-Essex, introduced Bill C-591, “An Act to amend the Canada Pension Plan and the Old Age Security Act (pension and benefits)”. The Bill seeks to plug a loophole in the Canada Pension Plan and the Old Age Security Act which allows persons who … Continue Reading

Churchill’s house is going to the cats

Posted in General Interest
For his 88th birthday, an aging Winston Churchill was gifted a marmalade cat from one of his private secretaries, whom he named “Jock”. Churchill and Jock became inseparable over the final years of Churchill’s life, and it is rumoured that Churchill would not allow meals to start at his residence until Jock had joined him … 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

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

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

A Smorgasbord of Technology

Posted in General Interest, In the News
We continue to see the interconnection between estates and technology.  I recently came across two articles, both from the west coast, which further advance this relationship. Crowdsourcing in California California is in the process of amending their probate code, and has asked individual citizens for their comments.  However, the manner in which the State is … Continue Reading

Asthma Inhalers in the Principal’s Office: Rampant Rulitis

Posted in Estate & Trust, General Interest, Health / Medical, In the News
At present, there is no legal framework in Ontario governing the storage of asthma inhalers within schools. The absence of such a framework shifts the decision-making into the hands of the individual school administrators and/or school boards. What has evolved as a result of this legal vacuum is a patchwork of asthma management plans.  Many … Continue Reading