August 2021

“If You See Something, Say Something”*

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Do you have a ‘TCP’? While I am not a fan of using acronyms, ‘TCP’I is one you want to know.  It is shortform for ‘Trusted Contact Person’. “The Canadian Securities Administrators (CSA) announced July 15 that regulators are adopting amendments to National Instrument 31-103 Registration Requirements, Exemptions and Ongoing Registrant Obligations, which require advisors to collect the name and contact information of a trusted contact person (TCP), along with the client’s written….

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Elder Care, Undue influence

Proclamation of the ONCA – October 19, 2021

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Today’s blog was written with the assistance of Mahsa Pezeshki, a law clerk at Fasken LLP   On August 17th the Ontario government announced that the Ontario Business Registry (OBR) will be launched on October 19, 2021 and The Ontario Not-for-Profit Corporations Act (ONCA) will also be proclaimed into force on the same day. The ONCA received Royal Assent on October 25, 2010 but cannot be brought into force until….

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Charitable Giving

How long is perpetuity?

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  [caption id="attachment_16267" align="aligncenter" width="700"] Basilica of Maxentius and Constantine, Rome   Credit: David’s Been Here[/caption]   “Is perpetuity 21 years?”, asked a charity colleague.  “Well, no, it’s forever.  Or until the end of time, or as long as we collectively exist,” I answered. Despite my emphatic response, the question is a good one because it underscores the inherent meaninglessness of the phrase “in perpetuity” in relation to charitable donations, trusts….

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Estate Donations, Estate Planning, Philanthropy/Charitable Giving

Estate Trustees and Irreconcilable Conflicts

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In the recent decision of Lagrandeur Estate (Re), the Court considered when an estate trustee can be ‘passed over’ due to a conflict of interest. Facts Keisha Lagrandeur (“Keisha”) died on December 6, 2019, aged 41. Keisha had two boys aged 19 and 17 with her married spouse Gaetan Lagrandeur (“Gaetan”). At the time of Keisha’s death, she and Gaetan had been separated for five years, but their divorce had….

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Uncategorized

Tax planning in uncertain times

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Tax planning can be very complicated with an Income Tax Act (“Act”) consisting of over 1.1 million words. This is a far cry from the original 4,000 words of the Act’s predecessor, Income War Tax Act[1], which was originally enacted as a temporary measure in 1917. The more than 3,000 pages contained in the Act is the legislation that governs our Canadian income tax system that is supplemented by precedent….

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Canada Revenue Agency, Estate Planning, Practice Management, Tax Issues

Having An Advocate: Critical So Your Wishes Can Be Respected

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Readers of this blog may remember  that I have been working with a wonderful woman who is now 101 years of age.  She is a ‘solo senior or elder orphan’ or simply put, a single woman who never married, never had children and at 101 years of age, has outlived all family and friends.    She is remarkable- she does not take any medications and has always followed a simple yet….

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Caregiving
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