July 2021

More Tech Companies Are Implementing Digital Legacy Planning

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When it comes to estate planning for one’s digital assets, it is now no secret that, depending on the organization(s) involved, options can be limited. This is particularly the case for online accounts. A few years ago, Fasken published a bulletin titled “Estate Planning and Online Accounts”. This bulletin examined a selection of major technology companies’ approaches to dealing with a deceased user’s account. Few companies allowed for any sort….

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Contracts, Estate Administration, Estate Planning, In the News

The Anxiety of Preparing an Estate Plan: What can we do to help

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This Blog was written by Emily Racine, Estate and Trust Consultant with Scotia Wealth Management After being in this business for nearly a decade, I often hear from clients about the stress and worry that is associated with estate planning. This stress can often cause a blockage for some clients forcing estate planning considerations to be put off to the side and stalling clients from having their plan completed. There….

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Estate Planning, Wills

The Importance of Fiduciary Duties

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The Oxford Dictionary defines a fiduciary as a person in a position of trust, especially when it involves controlling money or property belonging to others. The law places particular emphasis on the trust relationship between a trustee and a third-party beneficiary. Among other duties, a fiduciary is required to: (1) act in the best interests of the beneficiary, (2) not put their own interests ahead of the beneficiary, and (3)….

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Elder Care, Elder Law, Fiduciary Professions, Guardianship, Liability, Passing Of Trustees’ and Executors’ Accounts, Power of Attorney, Powers Of Attorney and Guardianship Disputes, Trustee

Bill C-208: The saga continues…

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On June 29, 2021, the Private Member’s Bill C-208, regarding the transfer of small businesses and family farm or fishing corporations (the Bill), received Royal Assent. The Bill limits the application of section 84.1 on inter-generational business sales. Avoiding section 84.1 allows the vendor to receive capital gains treatment on a non-arm’s length disposition of shares and potentially use the lifetime capital gains exemption (LCGE) to shelter any gain from tax. On….

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Canada Revenue Agency, Tax Issues

You Are No Longer Welcome Here

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I recently had a very negative experience with the administration of one of the Long Term Care residences where our client  has resided over the last four years.   The PSW’s from a reputable home care company were told that they were no longer welcome  in this facility.  While I am not going to go into the particular details, suffice to say that  telling paid caregivers who have been providing excellent….

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Elder Care, Elder Law
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