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Tag Archives: trudelle

UPDATE: Cowderoy v. Sorkos Estate Revisited Revisited

Posted in Estate & Trust, Hull on Estate and Succession Planning
On September 7, 2012, we blogged on the trial decision of Cowderoy v. Sorkos Estate.  At trial, the court found that the deceased had repeatedly promised his step-grandchildren his farm and two cottage properties.  Applying the doctrine of proprietary estoppel, the trial judge ordered that the promised properties be conveyed to the grandchildren. This had … Continue Reading

When It Comes To Costs, Location Matters

Posted in Litigation
In recent costs ruling, a Kingston court considered a claim for costs by out-of-town counsel.  The court concluded that the losing party should only pay costs based on what local counsel would charge. The issue on the motion was the removal of plaintiffs’ counsel due to an alleged conflict.  As the matter could not be … Continue Reading

Canadian Alzheimer’s Study Finds Gene That Delays Onset of Alzheimer’s

Posted in Capacity, In the News
An exciting recent Canadian study has found a genetic variation that delays the onset of Alzheimer’s by as much as four years. The study, undertaken by Judes Poirier and his team at the Douglas Mental Health University Institute and McGill University in Montreal, found a variant of a cholesterol-regulating gene which can delay the onset … Continue Reading

Q. When Can A Letter Be A Will?

Posted in Wills
A.         When it contains “a deliberate or fixed and final expression of intention as to the disposal of property upon death”. This question, its answer, and the application of the answer to particular facts was considered in Casavechia Estate (Re), 2014 NSSC 73 (CanLII). There, the deceased died on September 1, 2012. He died … Continue Reading

Facing Dementia

Posted in Elder Law
I recently came across a website created by Alzheimer’s Research UK that provides simulated insight into the real effects of Alzheimer’s disease. In its application, Alzheimer’s Research UK harnesses “the power of Facebook to illustrate some of the symptoms experienced by the 820,000 people in the UK affected by dementia”. According to the Alzheimer Society … 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

“Ordinarily Occupied” When Not Occupied

Posted in Litigation
Yesterday, I blogged on a case that considered whether a cottage could be considered a second “matrimonial home” for equalization purposes under the Family Law Act. Today, I would like to consider a case that addresses whether a home that was vacated by a claimant prior to the spouse’s death could be considered to be a … Continue Reading

Intention Matters: Matrimonial Homes

Posted in Litigation
At a recent Trusts and Estates Brown Bag Lunch (held on the third Tuesday of most months at various locations: see the OBA web page, here), we discussed the case of Egan v. Burton, 2013 ONSC 3063 (CanLII). There, in the context of a family law proceeding, the issue was whether a cottage was a … Continue Reading

Bequests to Witnesses Void

Posted in Litigation, Wills
Several years ago, my neighbour asked me to witness the execution of his will. I was glad to help, but at the same time, a little disappointed. This is because of s. 12(1) of the Succession Law Reform Act. This section provides that, in effect, a bequest to a witness, the witness’s spouse, or a person claiming … Continue Reading

Renunciation, Resignation, Passing Over And Removal of Estate Trustees

Posted in Executors and Trustees, Litigation
A recent decision of the Ontario Court of Appeal, Chambers Estate v. Chambers, 2013 ONCA 511, deals with the concepts of renunciation, resignation, removal and passing over of an estate trustee, and the sometimes subtle distinctions amongst the concepts. There, a “renunciation” is defined as the “formal act whereby an executor entitled to a grant of probate … Continue Reading

He Said What?

Posted in Litigation
  Slang plays a large part in our daily lives. Keeping up with slang expressions can be a near impossible task. However, thanks to the Urban Dictionary website, that task is an easier one. Urban Dictionary, started in 1999, is a “crowdsourced” collection of slang. Readers can submit slang words and definitions, and other readers can “vote” … Continue Reading

Support Your Parents

Posted in Elder Law, Litigation
“You never call”: a common lament of elderly parents aimed at their adult children. Now, it appears that failing to call, or more specifically, to visit your parents in China may result in legal action. According to a recent Toronto Star article, China has recently amended its law on the elderly to require that adult children … Continue Reading

Putting “New” in the New Year

Posted in General Interest, Litigation
Yesterday, I read in the Toronto Star about a couple that resolved last year to make the year a year of “firsts”. They resolved to learn, make or experience 365 new things in 365 days. They blogged about their progress in knocking items off of their bucket list at http://www.365thingsin365days.com/.  Inspired by their story, yesterday I … Continue Reading

Death, Estates and the Past

Posted in In the News, Litigation
A representative of William Faulkner’s estate is suing representatives of Woody Allen’s movie project, “Midnight in Paris” over its use of a quote from Mr. Faulkner. The line, “The past is never dead. It’s not even past”, is taken from Faulkner’s 1950 novel “Requiem for a Nun”. In the movie “Midnight in Paris”, time-travelling Owen Wilson … Continue Reading

Show Me the “Money”

Posted in Estate & Trust, Litigation
In Thiemer Estate, a decision of the B.C. Supreme Court, 2012 BCSC 629 (CanLII), the deceased left an estate having a value of $20m. He left a will that provided for various specific legacies. The will also included a clause that directed the payment of “the balance of any money which I may have at the time … Continue Reading

Don’t Be a “Waiter”

Posted in In the News, Litigation
A client (or friend, or my mother: I can’t quite remember who) once referred to her children as “waiters”, as in “They’re waiting for me to die”. To this point, a recent article on the Globe and Mail online by Rob Carrick warns against children relying on an inheritance to bail them out. The article … Continue Reading

Denying Compensation to a Guardian

Posted in Guardianship, Litigation
On Tuesday, I blogged on the recent Ontario Court of Appeal decision of Aragona v. Aragona, 2012 ONCA 639. There, the application judge denied the guardian compensation. In so doing, the application judge noted the guardian’s failure to keep proper accounts. The Court of Appeal stated that a guardian has, by statute, a fiduciary obligation to carry … Continue Reading

Appealing on the Basis of Inadequate Reasons

Posted in Litigation
Yesterday, Ian Hull tweeted on the recent Ontario Court of Appeal decision of Aragona v. Aragona, 2012 ONCA 639. There, the Court of Appeal dismissed, for the most part, an appeal by a guardian from a decision dismissing his application to pass accounts. The motions judge ordered that the guardian repay a significant amount to the … Continue Reading

Rich Kids

Posted in Estate Planning, Litigation
According to a CNBC report, only half of millionaire baby boomers think that it’s important to leave money to their kids. A third of them would rather leave their money to charity rather than their kids.  For example, Warren Buffett has reportedly given 85% of his wealth to charity (the Melinda and Bill Gates Foundation). “My kids … Continue Reading
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