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Tag Archives: trudelle

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  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

More on Productivity

Posted in General Interest, Litigation
Yesterday, I commenced summarizing an article on time management found in the August 2012 newsletter from Palmer Reed, Chartered Accountants.  Further time management tips include: -always confirm meetings. This avoids wasting time associated with “no shows”;  -organize and schedule trips so that several tasks can be completed on the same trip. If you are going out of … Continue Reading

On Being Productive

Posted in General Interest, Litigation
Upon returning to the office from vacation, I found in my “In Box” the August 2012 newsletter from Palmer Reed, Chartered Accountants, Toronto. In it, there was an excellent article on time management. As the article states, establishing good work habits and tweaking existing ones will improve productivity and can be significant money savers. The tips include: … Continue Reading

Assisted Suicide and Estate Issues

Posted in Estate & Trust, Litigation
Yesterday, I blogged on the Carter v. Canada (Attorney General) decision on assisted suicide, and how it addressed the issue of the mental capacity of the individual. In thinking about the case from an estates perspective, I considered the potential impact of assisted suicide on life insurance. Most life insurance policies have a contestability clause that … Continue Reading

Assisted Suicide and Mental Capacity

Posted in Capacity, Litigation
There has been much in the media lately on the British Columbia Supreme Court decision concering assisted suicide. In the decision, Carter v. Canada (Attorney General), 2012 BCSC 886 CanLII, the Court struck down the provision in the Criminal Code that prohibits physician-assisted suicide. (Section 241 of the Criminal Code provides that “Every one who (a) … Continue Reading

Offers to Settle: Open Until When?

Posted in Litigation
In many cases, we see offers to settle that are open for acceptance until a few minutes after the commencement of the hearing of the matter. They are structured this way so as to trigger the costs consequences under Rule 49.10 of the Ontario Rules of Civil Procedure, if not accepted. Rule 49.10 provides for adverse … Continue Reading