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Total 671 Posts

Suffering In Silence: A Closer Look at Elder Abuse

This blog post was written by Dave Madan, Senior Manager, Scotiatrust Elder abuse remains one of the most underreported and misunderstood social issues, often concealed beneath the veneer of familial obligations and trust-based relationships. For professionals, understanding the intricate dimensions of elder abuse is not only a matter of professional competence but also a moral imperative. Elder abuse transcends socioeconomic boundaries, manifesting in affluent communities as well as modest households,….

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Caregiving, Elder Care, Elder Law, Elder Management, Guardianship, Uncategorized, Undue influence

The Finality of Probate: Limits on Subsequent Proceedings

Probate is the process by which the validity of a Will is determined. When executors named in a Will apply for probate, they must establish that The testator satisfied the statutory age requirement to make a Will; The Will followed statutory requirements and had not been revoked; The testator knew and understood the contents; The Will was not affected by mistake; and The testator had testamentary capacity. In probate matters,….

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Importance of a Judgement

  Kira Domratchev, Partner, Gowling WLG (Canada) LLP In my first blog since returning from parental leave, I decided to keep it simple and discuss the importance of obtaining a judgment on settling a matter outside of the court (particularly given the set of facts present in the following case summary). In a recent decision, the Saskatchewan Court of King’s Bench[1] addressed a scenario where the applicant was owed money….

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Key Estate Decisions Released in 2024 and 2025: Part I

Throughout 2024 and into early 2025, the Courts released many riveting and groundbreaking decisions that have had an echoing effect throughout the estate litigation world. This blog will detail 5 of those decisions and cover a variety of topics and issues relevant to estate litigation and planning. A second blog acting as a “Part II” detailing other important decisions will be coming soon to a blog website near you. Tessaro….

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Iceman’s Memory – Val Kilmer’s Digital Legacy

This blog post was written by Dave Madan, Senior Manager, Scotiatrust With the tragic passing of Val Kilmer early this month, at the age of 65, we are reminded of the pressing challenges that professional advisors face in modern estate planning. Well known for his roles in Tombstone,Top Gun, Batman: Forever, The Saint, and many others, he leaves an estate valued between $10 million and $25 million. Kilmer’s legacy extended….

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Estate Planning, Practice Management, Uncategorized

Proposed Changes to the Ontario Rules of Civil Procedure

The Ontario Rules of Civil Procedure may be dramatically changed. In January 2024, the Civil Rules Review (the “CRR”) was launched. The mandate of the CRR is extensive: to “conduct a comprehensive and complete review of the Rules and identify, through consultation, areas where targeted changes to the Rules would increase efficiency and access to justice for Ontarians, reduce complexity and costs, maximize the effective use of court resources, reduce….

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