Incapable People and Limitation Periods

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When does the limitation period start running regarding an incapable person who does not have a formal litigation guardian? Despite the language of the Limitations Act, 2002, a court found in Rekowski v. Renfrew (County), 2019 ONSC 2852 that the answer to this question is not clear. In 2009, Kenneth was injured in a car accident, suffering a catastrophic brain injury. The driver of the other car sued Kenneth in 2011….

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Capacity Law, Power of Attorney

Saturday Evening’s Viewing Pleasure

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Like many of you I was watching Saturday’s  victory by our Toronto Raptors.  It is therefore completely understandable that you would not have known that the 15th episode of FinanceIsPersonal aired that same evening. Elizabeth Naumovski, CM interviews Canadian women who have important messages to share as it relates to financial issues, including financial planning, debt, estate planning and  eldercare.  I was Liz’ guest and I address many of the….

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Caregiving, Elder Care

When is “old enough”? Choosing an age for estate distributions

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I often meet with clients who wish to have Wills prepared which provide for trusts for their children. After explaining the nature of a testamentary trust to the clients, I typically recommend that they select a set age that the child is to receive the capital (or the remainder thereof) of his or her trust, with perhaps additional set ages for partial distributions.[1] In the vast majority of these meetings,….

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Trusts, Wills

You Better Think (Think)…About the Estate Planning Process

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This blog was written by Lara Besharat In August 2018, renowned singer Aretha Franklin died of pancreatic cancer in her home in Detroit, leaving behind an illustrious musical legacy, a strong history of civil rights activism, four children, and an estimated $80-million-dollar fortune. One thing she didn’t leave behind, however, was a will. Or so we thought. For months, it was believed that the Queen of Soul died intestate, going….

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Contested wills, Estate Administration, Estate Litigation, Family Conflict, In the News, Wills

Is a Sale for $1 the Same as a Gift?

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Most transactions between parties not at arm’s length with each other (often described as related parties, such as family members), the parties to the transaction are subject to a one-sided adjustment where the transaction proceeds does not equal fair market value (“FMV”). If the price exceeds FMV, then the cost to the purchaser is limited to the FMV while the vendor is taxed based on price. If FMV exceeds price,….

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Canada Revenue Agency, Charitable Giving, Costs, Estate Planning, Investments, Property, Tax Issues, Wills

Dementia Villages: A Unique Approach to Dementia Care

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Today’s blog was written by Krysten Zator, Summer Law Student According to the Alzheimer Society of Canada, 564,000 Canadians live with dementia, a number which is expected to rise to almost 1 million by the year 2031.[1] Globally, about 50 million individuals live with dementia, a number which is expected to triple by 2050.[2] There is no cure for the disease.[3] The World Health Organization (WHO) recently recognized dementia as….

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Elder Care
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