September 2020

Who Can Be a Litigation Guardian?

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A recent decision by Master Kaufman examines whether a person with a personal interest in the legal proceedings can act as a litigation guardian for a party under a disability. In Shady Saleh v. Mohammed Salehe, the plaintiff, Shady, was his mother’s power of attorney for property. He sought to be appointed his mother’s litigation guardian.  Shady alleged that his brother, Mohammed, used a false power of attorney document to….

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Guardianship, Powers Of Attorney and Guardianship Disputes

Estate planning and TOSI – Part I

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Finance stated that the purpose of the revised tax on split income (TOSI) regime, which became effective January 1, 2018 was “to limit the ability of owners of private corporations to lower their personal income taxes by sprinkling their income to family members who do not really contribute to the business.”[1] The objectives related to estate planning generally have nothing to do with income splitting, but families with private companies need to consider TOSI….

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Business Succession Planning, Estate Planning, Tax Issues

Can You Care For Me Today and I Will Leave You My House When I Die?

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When I had previously thought of ‘Gift Planning’ I was only considering the Will component, the gift left to a particular charity, once the person had died.   I had not fully appreciated all of the challenges that might be experienced when working with the older person while they are still alive.      One is always concerned and the donor’s capacity, and the challenges posed when large amounts of money….

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Charitable Giving

A Trap For The Unwary; ONCA Finds A Partner Responsible For Spousal Support Despite Maintaining Separate Residences and The Impact on Estate Planning

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Today’s blog was co-written by Corina Weigl, Partner at Fasken LLP. The recent Ontario Court of Appeal (“ONCA”) decision Climans v Latner[1] (“Latner”) highlights a trap for the unwary.  For the purposes of awarding spousal support, clients may be found to be common law “spouses” despite maintaining separate residences.  The resulting implications extend beyond Ontario’s family law regime to wills and estates law.  On death, while the concept of spousal….

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Uncategorized

Choice and Planning for Incapacity

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This blog was written by Damian McGrath – Estate and Trust Consultant with Scotia Wealth Management Choice is the act of decision making when faced with two or more possibilities. Decision making requires an understanding of the situation, the decision itself and the consequences of it. If our ability to make those choices diminishes or is lost, then others need to make them for us. A Power of Attorney gives….

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Uncategorized

Demonstrating Financial Need in a Dependant Support Claim

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Today’s blog was written by Tyler Lin, student-at-law with de VRIES LITIGATION LLP When a person passes away, what happens to those who were depending on them? In Ontario, the requirement to provide for your dependants does not end on death. Where the deceased has failed to leave adequate support for dependants, it is possible for those dependants to bring a claim against the estate for a share of the….

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Dependant Support, Estate Litigation, Spouse, Succession Planning
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