Toronto Estate Law Blog : Toronto Estate Lawyer : Hull & Hull Law Firm : Trust Mediation and Succession Planning : Serving Ontario, Ottawa, Mississauga, Hamilton

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A Florida man has adopted his 42-year old girlfriend, allegedly to protect his wealth in the context of a wrongful death suit. 

John Goodman legally adopted his girlfriend of two years in order to give her immediate access to 1/3 of a trust fund set up for his two children. The fund is estimated to be worth about $200 million according to one article.

Judge Glenn Kelley called the tactic “unprecedented.”

“The events which serve as the grounds for the relief sought by the plaintiffs border on the surreal and take the court into a legal twilight zone,” he wrote in an order allowing the plaintiffs’ lawyers access to the adoption information.

Florida state law provides that “a petition to adopt an adult may be granted if … written consent to adoption have been executed by the adult (and the adult’s spouse, if any)…”

Most adult adoptions are done to cement the bond between foster parents and foster children, or to give legal effect to an existing but informal parent-child relationship. 

However, the use of adult adoption for less than legitimate purposes is not as “unprecedented” as you might think.

In Canada, adoption falls under provincial jurisdiction. Different provinces have different rules with respect to adult adoptions. In all cases, an application must be made to the Court. For example, in Alberta, an adult can be adopted “if it is not contrary to the public interest to do so.”  In Manitoba, a judge will consider whether the “reason for the adoption is acceptable.” 

The Ontario Child and Family Services Act only provides:

Adoption of adult, etc.
(3) The court may make an order for the adoption of,
(a) a person eighteen years of age or more; or
(b) a child who is sixteen years of age or more and has withdrawn from parental control,
on another person's application.

Although this seems to provide no guidance with respect to the factors that the Court will consider, according to case law, the applicants must first satisfy the Court that there is a “gap in the proposed adoptee’s life created by the parent-child relationship that requires remedy through an adoption order”. 

The Court will consider whether the relationship between the applicants has historically been one of parent and child. It will also assess the bona fides of the application.

In one case, the Court dismissed an application where it appeared that the application may have been made in order to assist the adult in gaining permanent residency in Canada.

In other words, Canadian Courts will look at the intentions of the parties, and if it is not a bona fide application that is consistent with the spirit and purpose of the adoption legislation, then it will be refused.

Moira Visoiu - Click here for more information on Moira Visoiu. 

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On the 100^th anniversary of the sinking of the Titanic, an auction house in New York will be selling $185 million worth of items salvaged from the wreckage.  According to a recent article in the National Post, the auction has generated a new wave of criticism from many, including survivors of the tragedy and their families, who describe it as insensitive pillaging. 

The wreckage of the Titanic was discovered in 1985.  Shortly thereafter, salvage crews descended upon the location.  Legal battles ensued over the salvage rights by companies looking to cash in on the public’s interest in the tragic story.  Since the first salvage operations began, people have blasted the companies and compared them to grave-robbers.  Those involved in such operations take exception to the comparison, and say that what they do is no different than searching a battlefield with a metal detector.  They argue that if the items are not pulled up, they will be destroyed in the ocean, and no one will be able to see these pieces of history.

Pursuant to a 1994 ruling by the Eastern District of Virginia, the RMS Titanic Inc., a subsidiary of Atlanta-based Premier Exhibitions, has the exclusive salvage rights over the wreck.  The private company has recovered about 6,000 items from the ship. 

Some collectors draw a distinction between owning parts of a sunken ship and owning the personal effects of victims.  One collector quoted in the article said that it doesn’t feel right to him to purchase personal items.  But according to the National Post, it is personal items that draw the crowds.  The RMS Titanic Inc. has touring exhibitions which display many personal items including clothing and letters, along with information about the previous owners. 

The history of the legal battles over the salvage rights is set out in an article entitled "Titanic in the Courts" by Ricardo Elia. 

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A simple plea from Justin Bieber resulted in a significant boost in on-line organ donation registrations in Ontario. 

After an Ottawa woman awaiting a lung transplant tweeted:

"Hey @justinbieber!  I BELIEB you should use that Canadian voice of yours and help save lives like mine # beanorgandonor beadonor.ca #giveblood"

Justin responded by encouraging fans to sign up.  The Trillium Gift of LIfe Network saw a surge in traffic to their website and a spike in on-line registrations as a result. 

In Ontario, your family can consent to organ donation on your behalf, if you are unable to do so.  However, on-line registration ensures that your wishes are communicated to the Trillium Network and shared with your family.  There are currently over 1,500 Ontarians awaiting life-saving organ transplants.  Go to beadonor.ca to find out more.

Moira Visoiu - Click here for more information on Moira Visoiu. 

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A ‘controlled substance’ is any type of drug whose manufacture, possession or use is tightly regulated by a government because of the higher-than-average potential for abuse or addiction. In Canada, controlled substances fall under the parameters of the Controlled Drugs and Substances Act (S.C. 1996, c.19).  How is it, then, that hundreds of thousands of doses of OxyContin, morphine and other prescription narcotics are ‘robbed, pilfered or otherwise lost’ from the supply chain each year in this country?

On January 23, the National Post’s Tom Blackwell published some startling statistics about the not-so-slow leak of prescription narcotics from the supply chain. According to the Post’s research (based on Health Canada statistics), only 64% of the loss and theft of oxycodone (the active ingredient in OxyContin) is attributable to theft from, or robbery of pharmacies. Suppliers higher up the chain (e.g. manufacturers and importers) are also losing significant volumes of product, accounting for the other 36% of total loss. What scale of loss are we talking about here? If we just look at oxycodone, the combined black-market value of losses from pharmacies and ‘licensed dealers’ (producers, distributors, wholesalers) in 2010 was just over $18 million. That’s roughly a half million tablets.  Professor Benedikt Fischer, an addictions expert at Simon Fraser University summed it thusly: “This isn’t some trivial problem. We’re now looking at a problem that is a major source of disease and death. These drugs are killing a lot of people.”

The volume of drugs taken from wholesalers and distributors has also increased substantially in the past five years.  It is difficult to put a finger on any single cause.  Blackwell's article presented some prime suspects for consideration, including cutbacks in the number of controlled substance inspectors and the bare fact that a trend of increasing prescription rates for opioids translates into more opioids being in the proverbial pipeline.

It is critical that Health Canada gets to the root of the supply chain leaks.  Fischer's "these drugs are killing a lot of people" was no overstatement.  Indeed, as discussed in an earlier blog, accidental deaths in Ontario due to opioid use exceed deaths from HIV.  And from the Globe and Mail (January 6, 2012): the same number of people die from opioid-related deaths in Ontario each year as they do from motor vehicle accidents.  

Jennifer Hartman, guest blogger

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Renowned blues singer Etta James died last week at the age of 73. She succumbed to chronic leukemia, complicated by dementia and kidney problems.

Etta James had a particular significance to me. After buying my first CD player, Etta James’ CD was the first CD that I purchased. That CD got a lot of play.

Etta James lived a turbulent life. She was born to a mother whom Etta described as a scam artist, a substance abuser and a fleeting presence during her younger years. She did not know her father. During her lifetime, she would battle addictions.

However, as a musician, she soared. She was inducted into the Rock and Roll Hall of Fame, and won numerous Grammys, including a special lifetime achievement Grammy in 2003.

Near the end of her life, her health declined, and here family was involved in a dispute over her care. Her two sons had challenged decisions being made by Etta’s husband, who was the conservator of Etta’s $1m estate.  The dispute was reported as settled, with the husband staying on as conservator, and the amount available for her expenses and care being fixed at $350,000. The sons were also to receive a full financial accounting of Etta’s music catalogue.

Thank you for reading.

Paul Trudelle - Click here for more information on Paul Trudelle. 

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With the extreme advancements in technology, we are all struggling to keep up. Whether its asking your kids about this thing called Facebook or remembering to keep a record of your online banking information, we have reached a stage where we can’t avoid the realities of living in a world where a great deal of our life is conducted in ‘cyber-space’.  

The Will Registry, Inc. is a web site that has recently been launched in New York State. The site is a centralized database for storage of wills, trusts, powers of attorney, heath care directives and other vital legal documents. Further, it includes a directory to locate originals.   The website also makes it possible for the member to access their information from anywhere in the world. Some of the services are discussed in this blog. 

Notably, the website also allows for professional accounts. Allowing lawyers, trust officers, physicians, hospitals and health care providers to create their own accounts to store information relating to their records. Hypothetically, this would allow lawyers to keep a record of the wills they’ve drawn and what was done with the original. The record being preserved, and searchable, with the information being disseminated limited to that allowed by the member.  

We’ve all encountered the situation where we believe that a client or the Deceased in an estate battle made a Will, and yet no one can find it, or only a copy can be found. This could lead to a variety of possible court Applications, all costly, lengthy and ultimately with no guarantee of success. The search capabilities included in this site, as well as with the Ontario counterpart (although it is limited to Wills), could assist in general conundrums of this fashion, assuming the member has made that information available.  

The extent to which this website is used and whether there are any ethical issues for its use from a professional perspective is yet to be seen. I suppose that only time will tell how such websites impact estate planning, administration and litigation, but its certainly something to think about the next time you’re looking for a will.  

Until Tomorrow,  

Nadia M. Harasymowycz - Click here for more information on Nadia Harasymowycz. 

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Yet another remarkable resource of interest to the legal history buff is now available online. The York Cause Papers document the Ecclesiastical Courts of York from 1300 to 1858, detailing accounts of disputes relating to church taxes, marriage, wills and inheritance. Although the Court of Chancery became the domain for estate disputes in England and Wales after 1588, the Ecclesiastical Courts had jurisdiction to intervene in the administration of estates prior to that time. 

"Cause Papers" are the papers of individual cases heard in the Church Courts.  Those cases that deal with Testamentary Disputes are separately categorized and generally consider situations were the Court was asked to intervene when an estate had not been administered. 

Professor Mark Ormrod, University of York, quoted in an article of the York Cause Papers published online by the BBC, said the project would allow the widest possible public access to the records: "The resource is of tremendous importance to specialists in social, economic, religious and legal history and in the history of gender, sexuality, marriage and domesticity, as well as to a wide range of users with interests in family and local history."

Digitization of the records was funded by the Joint Information Systems Committee (JISC), a British technology consortium for higher and further education. The work was performed by the University of York and the Humanities Research Institute at the University of Sheffield.

David M. Smith - Click here for more information on David Smith. 

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Who doesn't love a good rags to riches tale, especially at this time of year?  Well, some of you may be a bit envious of this one.  Probably because it starts with Tommaso, a stray cat in Rome, and ends with Tommaso, the pampered feline worth $13 million.

Reportedly, Tommaso inherited the money when his owner, Maria Assunta, recently died at the age of 94.  Assunta was the widow of a property tycoon, and had no living relatives.

The estate's lawyer arranged for the assets and the cat to go to Assunta's former nurse (in Italy one can not gift assets directly to their pets), who now lives in an undisclosed location.  Unsurprisingly, there have been lots of offers to adopt Tommaso.

Tommaso is the richest cat in the world (and third amongst the wealthiest pets). Top ranking goes to Gunther IV, a German shepherd who reportedly inherited $372 million dollars from his father, Gunther III, the beloved companion of an eccentric German countess.  Kalu the Chimp finishes in second place by virtue of an $80 million dollar inheritance. 

Other rich animals are those of Oprah Winfrey, who is apparently planning to leave her dogs $30 million.   Leona Helmsley famously left $12 million to her little dog Trouble, although after a challenge to this gift, Trouble's pot was cut to $2 million.  And Michael Jackson left Bubbles the Chimp $1 million.

I can hardly imagine what kind of fanciful Christmas present Tommaso will be getting, although I'm glad my doggie will be happy with a run in the park with her friends, and lots of hugs and kisses.

Merry Christmas and Happy Holidays!

Natalia R. Angelini - Click here for more information on Natalia Angelini. 
 

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The New York Times reported yesterday that 28-year old pre-eminent NHL enforcer Derek Boogaard did indeed have chronic traumatic encephalopathy (CTE) at the time of his accidental death in May of this year.  Boogaard is now the fourth of four former NHL players examined to show evidence of CTE. 

CTE is a form of progressive, degenerative damage to the brain caused by repetitive closed head injuries (i.e. ‘blows to the head’).  It is characterized by the buildup in the brain of an abnormal protein called tau which tends to form in clumps and disrupt brain function.  Part of Ann McKee's job is to solicit suitable brains for examination for the presence of CTE.  McKee is the co-director of the Boston University School of Medicine Center for the Study of Traumatic Encephalopathy, colloquially referred to as the Boston Brain Bank.  Within 24 hours of Boogaard's death, a phonecall had been placed from the Center to Joanne and Len Boogaard, requesting the brain of their son.  The Boogaard family readily agreed.  Sadly, in the span of time between the donation of the brain and the release of the results of the autopsy, NHL enforcers Rick Rypien and Wade Belak both lost their lives, reportedly due to suicide.  

While the presence of CTE in Boogaard is not unexpected, what did take researchers by surprise was the advanced degree of damage in someone so young.  “To see this amount? That’s a ‘wow’ moment,” McKee reportedly said when she viewed images of Boogaard’s brain tissue.  Had Boogaard lived, he likely would have developed middle-aged dementia as a result of the trauma to his brain. 

The last few years of Boogaard's life were tragic; blurred by post-concussion syndrome, a descent into alcohol abuse, a dependence on painkilling narcotics like Oxycontin and Percocet, self-neglect, repeated stints in rehab and ultimately, pervasive loneliness.   His legacy, however, will lie in the specter raised by the advanced CTE discovered in his young brain. As the Brain Bank's census of CTE-positive ex-NHL brains continues to grow, will the NHL change its tune about the link between hockey and CTE?  (According to NHL Commissioner Gary Bettman "it's way premature to be drawing any conclusions at this point.")  How will the NHL respond to this news?  How will it respond now to calls to rein in on-ice fighting? 

Let the debate continue.

Jennifer Hartman, guest blogger

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An article from the website of UK’s Guardian reports that Lisa Johansen claims to be Elvis’s daughter, and that she has sued Elvis’s estate for $130m. 

According to the report, Ms. Johansen, 43, claims that she was sent to Sweden for her own safety in 1977, following Elvis’s death (Elvis is believed by many to have died on August 16, 1977.) She claims that she was replaced by the “imposter”, Lisa Marie Presley. 

In a 1998 book, “I, Lisa Marie: The True Story of Elvis Presley’s Real Daughter”, Ms. Johansen tells the story of how Priscilla Presley left the US after Elvis died, taking a young Ms. Johansen with her. Safely out of the US, Ms. Johansen assumed a new identity.

According to the article, Ms. Johansen visited Graceland in August, and told staff of her alleged relationship to Elvis. This led to a lawyer issuing a warning to Ms. Johansen to cease her “malicious false claims and offensive wrongful conduct”. Ms. Johansen countered with the $130m lawsuit for defamation and infliction of emotional distress. 

According to the article, Ms. Johansen has now consented to a DNA test. The results have not yet been released. 

Stay tuned.

Paul E. Trudelle - Click here for more information on Paul Trudelle. 

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Recently, almost coinciding with the 30 year anniversary of her death, investigations have been re-opened into the untimely drowning of Natalie Wood. A Hollywood film star, married to Robert Wagner, lived a life of glamour many only dream about. She died a tragic death by any account, which was ruled at the time to be an accidental drowning.  The world mourned the loss of a talented actress, and her family mourned the loss of the mother, wife, sister and daughter they knew.  

Seemingly the end of the story, we moved on, and Natalie Wood became a name amongst legends, with her academy award winning performances keeping her memory alive.   Yet, the story doesn’t end here. Nearly 30 years after her death, the captain of the boat on which she was last seen, Denis Davern, has released that he lied to the Los Angeles police at the time of the inquiry. The Los Angeles County sheriff told the Los Angeles Times that Mr. Davern has made “comments worthy of exploring”, throwing Ms. Wood and her family back into the spotlight to relive a terrible event, once relegated to the cobwebs of history. A position her sister is loathe, but willing to embrace. The sentiment is being echoed by Mr. Wagner.

Certainly this matter will be reviewed by the proper authorities, with a press statement likely to be released at a point in the future regarding the findings, and yet, from an Estates perspective, what are the potential outcomes? Certainly Ms. Wood has a fairly sizable Estate, potentially even continuing to capitalize on her past success.  As the police investigation continues, what will the impact be on any of Ms. Wood’s remaining Estate assets, if any, or potential future claims, if any? If this takes a turn into the Estates world, we’ll be watching.    

Thanks for Reading,

Nadia M. Harasymowycz - Click here for more information Nadia Harasymowycz. 

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The British Columbia Supreme Court recently began hearing a case surrounding the rights of individuals to choose assisted suicide as a means of ending their life. The issues involved in this case have been discussed in a variety of recent articles in the Toronto Star, the most recent of which can be found here.

Currently, Canadian law makes it illegal to counsel, aid or abet a person to commit suicide, a conviction bringing with it a maximum prison sentence of up to 14 years, (Criminal Code, R.S.C., 1985 , c.C-46, s. 241). In a landmark decision we all remember, the Supreme Court of Canada decided on this very issue in the early 1990s, denying Ms. Sue Rodriguez the right to assisted suicide in a 5-4 decision.   The right to choice is again before the Courts, with the plaintiffs hoping for a drastically different outcome.

The Royal Society of Canada, the Canadian Institution, self-described as “devoted to recognizing excellence in learning and research, as well as recognizing accomplishments in the arts, humanities and sciences”, has released its initial recommendations, the underlying principle of which is to change the Criminal Code to permit some forms of assisted suicide, even for patients not suffering from terminal illness.  In itself, the recommendations have spurred debate, mostly surrounding the extent to which the recommendations suggest the law be changed. Certainly however, the mere foundation for a recommendation calling for such drastic amendment may be the reason this matter is before the courts once again.

The debate on this issue never really went away and this most recent effort before the Court is the result of the action of five plaintiffs who are seeking the right to choose the time to die, the hearing of which is scheduled to take several weeks. Certainly this matter will take some time to work through the Courts, but the Country is certainly watching.

Until Tomorrow,

Nadia M. Harasymowycz - Click here for more information on Nadia Harasymowycz. 

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A website called I-Tomb claims to be the world’s first virtual cemetery. It is reported that for the fee of $50 a year – which you can pre-pay for two decades – anybody can create an online “tomb” for a deceased person.  Apparently, it can even be adorned with virtual flowers, poems, tributes or video.

Another option available to you is to create your own virtual memorial site before you die.  The author notes that this service can carry complex instructions, messages or videos from you to ensure that your tomb is created as you want, after your death.

While the concept of an I-tomb may be hard to envision as having much popularity, the internet is already changing things.  For example, it has become commonplace to turn somebody’s Facebook page into a tribute page after death. Internet services also reportedly exist to send emails to relatives when loved ones die, or post public death notices.  Add the fact that physical burials are much more costly and the growth of the world's population will make finding space for such burials more challenging (see this article about a Spainish cemetery that is moving bodies from graves whose leases have lapsed in order to make room for new burials), and it seems to me that this virtual burial option will appeal to many.

Thanks for reading,

Natalia R. Angelini - Click here for more information on Natalia Angelini. 

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Halloween (or, more properly, "All Hallows Eve") has gradually developed into a commercial phenomenon.  Many adults will wear costumes to work but this practice is generally discouraged among lawyers in private practice according to an article in the most recent issue of The Lawyers Weekly entitled "Should you don a Halloween costume at work?" The author quotes a lawyer in a small firm as making the rather astute observation that "For clients, going to a lawyer is scary enough!" 

Yet Halloween remains, essentially, a fun diversion from the ordinary as detailed in a recent article in the National Post entitled: "The War on Halloween".  For example, in Churchill, Man., Halloween coincides with an annual gathering of polar bears in the vicinity of the town waiting for Hudson Bay to freeze.  "As such, the community’s 300-or-so trick-or-treaters need to be guarded by a combined force of Mounties, firefighters and conservation officers circling the community in helicopters and heavy trucks." 

The National Post piece puts it well: “Halloween is a role reversal holiday,” says Cindy Dell Clark, a Rutgers University anthropologist specializing in childhood culture. "While under the thumb of adults the rest of the year, on Halloween night children get to dress up as grown-ups, talk to strangers, brave frightening icons and consume vast amounts of a substance that’s normally controlled, she said. In the never-ending struggle for power between parents and children, Halloween is a much-needed “relief valve,” says Ms. Clark."

David M. Smith - Click here for more information on David Smith. 

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The Starter Marriage to become the Trial Marriage?

A colleague recently drew to my attention the recent Mexico City discussions regarding the possibility of altering its marriage laws. It seems that the mayor of Mexico City has co-authored proposed legislation that would create term-limited marriage licences. As it stands, the proposal would allow for marriages to be performed for a two year period. The mayor of Mexico city is quoted in The Guardian as saying “when the two-year period is up, if the relationship is not stable or harmonious, the contract simply ends”.

While escalating divorce rates may have been at the root of this novel concept, and there may be many commitment phobes world-wide who now see Mexico as the go-to destination for marriage, the estate litigator in me immediately thought of the potential issues.  

Section 16 of the Succession Law Reform Act, R.S.O. 1990, C.s. 26 (the “SLRA”), provides that a will is revoked upon marriage, and allows for certain exceptions, none of which seem to apply to this circumstance. Section 17 of the SLRA deals with termination of marriage and its impact on testate succession, but specifically addresses a situation when marriage is terminated by a “judgment absolute of divorce or is declared a nullity”. It would seem to me that the Mexican legislation provides neither where the ‘married’ parties choose not to renew their vows after the two year time frame.

Under the proposed regime in Mexico, which seems to consider that this new form of marriage is simply a contract, what would happen if an Ontario couple chose to have a destination wedding in Mexico City. How is that marriage certificate registered in Ontario? Does the two-year limit apply in Ontario? Are their wills, if they have them, revoked? If they make wills during their ‘marriage’ and choose not to continue the marriage after two years, does the contact ending satisfy section 17 of the SLRA? Would the marriage be treated as a cohabitation contract? What if one of the married persons dies in the two year period, what impact does that have in terms of legal entitlement to the estate of their spouse? 

This seems like it might be a recipe for significant Estate Litigation in the future, I suppose only time will tell.

Hasta Luego,

Nadia M. Harasymowycz - Click here for more information on Nadia Harasymowycz. 

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Would it occur to you if you had nearly 200 reptiles living with you, that you really should make a Will? Recently in Ontario, this issue slithered into the Courts.  

The National Post this week reported the story of a Welland, Ontario man who died, as a result of an unexpected stroke, in May at the age of 52. Uniquely, he was survived by 200 exotic reptiles. Unfortunately, he did not leave a Will. Without a Will, there was no named executor for his estate and no directions with respect to the division of his assets or care of his exotic pets. This resulted in litigation, which only recently settled.

If you die without a Will, you are considered to have died "intestate." Simply put, this means that statutory provisions decide how your assets will be divided. Any intentions you may have had for your assets, which technically include any animals you own, are not factored into the statutory distribution scheme. 

In Ontario, if a person dies intestate, Part II of the Succession Law Reform Act governs who is entitled to their estate. As regular readers of our blog know, the order in which relatives of a deceased are entitled to inherit in an intestacy is, as follows:

1. If there is a spouse (defined as a married spouse only) and no children, the spouse takes all.
2. If there is a spouse and any children, the spouse gets the first $200,000.00 (the preferential share) of the estate.  If there is only one child, the balance of the residue is divided between the spouse and the child equally. If there is more than one child, the spouse gets one-third of the balance of the residue and the children share the other two-thirds equally.
3. If there is no spouse, the estate goes to the children equally.
4. If there are no children, the estate goes to the deceased’s parents equally.
5. If there no surviving parents, the estate goes to the deceased’s siblings equally; if a sibling has predeceased, that sibling’s share goes to his or her children.
6. If there are no siblings, the estate goes to the deceased’s nephews and nieces equally.
7. If there are no nephews or nieces, it goes to the next of kin of equal degree of consanguinity – in some cases, distant relatives who may have had no relationship with the deceased can end up inheriting. 
8. If there are no next of kin, the estate escheats to the Crown.

Having a thoughtfully considered and up-to-date Will is necessary not only to ensure that your intended beneficiaries share in your estate in a manner that it is appropriate and reflects your wishes, but also to ensure that your menagerie, should you have one, is provided for too.

Thanks for reading. Enjoy the weekend,

Saman Jaffery

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In the latest development in the protracted litigation between the heiress to a cosmetics fortune and her daughter, a French Court this week granted guardianship applications brought by her daughter and grandchildren. The Court made findings that the mother was not capable of managing her own property or making personal care decisions.

In Ontario, guardianship disputes are governed by the Substitute Decisions Act (“SDA”). Under section 3 of the SDA, when the capacity of a person is in dispute, counsel may be ordered to be appointed by the Public Guardian and Trustee and the alleged incapable person will be deemed to have capacity to instruct counsel.

To read more about the history of the proceeding referred to at the outset of this blog, I suggest Forbes magazine’s article.

Thanks for reading,
Saman Jaffery

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A recent article by Ted Rechtshafen in the Globe online edition encourages us to think about our retirement prospects, and plan for them.

The author notes that in 1921, the average life expectancy for a Canadian male was 58.8 years, while the mandatory retirement age was usually 65. At that time, financial planning for retirement was not an issue for most.

Good news: life expectancies have gone way up. Bad news: we now need to plan for a (hopefully) much longer retirement. Most Canadians should plan for, conservatively, a 30-year retirement!

Planning for retirement means considering the following basic questions:

-Do I need to think about ways to work beyond age 60-65?

-Am I saving enough for retirement?

-What is my world going to look like in 25 years?

The article contains links to tools such as a detailed “How long will I live” calculator. The calculator is eye-opening and instructive, and worth a visit. Other links include a “How much money will I have at the end” calculator, which estimates the value of your estate, assuming you live to a full life expectancy. Again, eye-opening.

Thanks for reading.

Paul E. Trudelle - Click here for more information on Paul Trudelle. 

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I recently blogged about a court decision from British Columbia dealing with sperm donation and the right of a child, born with the assistance of a sperm donor, to his/her 'father's' personal information. It should come as no surprise that the issue seems to be at the forefront of the news once again; yet this time, the world is focused on the sheer number of children born to each sperm donor, which somewhat shockingly can be in the hundreds.

The potential for legal issues relating to the various modern fertility possibilities abound. Laws, both statute and common, tend to be inherently a few steps behind science. Like the little sibling you were always trying to shake, we are constantly playing the game of catch up, trying to deal with the 'next frontier' and making sure that the societal impact is as reasonable as possible.

Whether legislatures are prepared to enact laws that regulate sperm donation, and whether the BC case law finding will make its way through the rest of the provincial courts to the same end, reaching through the various fields to ours, is something I wouldn't want to speculate on.

For now, it seems that children born of sperm donors have no claim on the Estate of their deceased 'father'. Certainly though, the topic is interesting enough, and with the right case, the right story, the right counsel, and the right time, law reform will happen.  In what direction, and on what specific point, you'll just have to stay tuned to find out.

Thanks for reading, have a great weekend,

Nadia M. Harasymowycz - Click here for more information on Nadia Harasymowycz.