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Total 671 Posts

Where There’s a Will, There’s a Digital Way: Part #2

This blog was written by Ardena Bašić As previously written (in other words, go read blog-de-digital wills Part #1!), online, electronic and digital wills are rising in prominence. Yet, given that there are no Canadian laws to address how these assets should be handled after death, it is vital to approach this issue carefully. As such, there are a variety of currently relevant laws, case laws and proposed legislation that….

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The Law of Assent

he recent case of Re Assaly deals with a unique intersection between estates and bankruptcy law and squarely addresses the law of assent. In this case, the estate trustee paid funds in trust to counsel for a bankrupt beneficiary and adult child of the deceased (the “Bankrupt”), on the condition that the Bankrupt would provide a letter of credit in favour of the estate before the funds could be released…..

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Returning to Work – How Hard Could This Be?

I recently returned to Fasken after taking time off to raise my son.  When I started my leave in September, I was just shy of 16 years working at Fasken without any type of long term break.  To shift gears from going full steam to a much slower pace with a baby was, for me, challenging.  Don’t get me wrong, my time with my son was very rewarding, but I….

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Planning for Pets

This post was written by Diana Leopardi While we often plan for our human children, it’s time to think about including our fur-babies into our estate planning. Pets offer their owners the ultimate companionship and unconditional love. Often times, owners consider their pets family members so why not include pets in estate planning or in the event their owner becomes ill or incapacitated. If the primary owner was not able….

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Move Over-the power of love and keeping memories alive.

As we start summer and on this first Monday of July, I thought I would share a good news story.  There has been so much pain and suffering over the last while, that I think sometimes we need to hear more positive stories- of all types. This good news comes from CBC and it is a good old fashion love story- with a twist. It is a story about Charlie….

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Ordering a Capacity Assessment When it is Resisted

Section 105 of the Courts of Justice Act, R.S.O. 1990, c. C.43 and s. 79 of the Substitute Decisions Act, 1992, S.O. 1992, c. 30 provide the court with authority to order a capacity assessment, even when the individual objects. It is an extraordinary power but not one that is utilized lightly by the court. A recent decision of the Superior Court of Justice serves as good reminder and review….

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