Volume 27, No. 4 - May/Mai 2009

In this Issue:

• Practice Direction Concerning the Estates List of the Superior Court of Justice in Ontario
• Simonin v. Simonin
• Papageorgiou v. Walstaff Estate
• Re Schaefers
• Re Drago Barbulov v. Dr. R. Cirone
• Ashton Estate: A Rejoinder
• The Dead Green Hand of the Testator
• The Law as it Affects Older Adults Residing in Institutional Settings
• Alterations to Wills
• Book Review: The Book of Dead Philosophers by Simon Critchley
• Spelling and Grammar Query
• CBA/Queen's Conference "Elder Law: Theory and Practice"
• Brown Bag Lunch Summary
• Do You Encounter Capacity Law Issues in Your Practice?
• Certificates of Appointments in the Toronto Region
• New Practice Direction Feedback
• 2009 Award for Excellence in Trusts and Estates
• Section Executive 2008-2009

Volume 27, No. 3 - February/Février 2009

In this Issue:

• New Loss Carry-Back for Post-Mortem Declines in RRSPs and RRIFs
• Guardianship Applications - Judicial Comments about Evidence to Support Making a Finding of Incapacity
• Re Henderson Estate; Re Zagaglia Estate, [2008] CanLII 69136 (Ont. S.C.): Dispensing with the Filing of Administration Bonds
• Republicans' Worst Fears Realized; Socialism and Healthcare to Follow?
• Case Comment: Camarata v. Morgan, Ontario Court of Appeal, Docket: C48879, Heard: January 6, 2009, Doherty, Weiler and MacFarland JJ.A.
• Where there's a Will, there's a Way ... To Revoke a Designation, but How? A Review of Ashton Estate
• Canadian Conference on Elder Law
• Brown Bag Lunch Summary
• Case Comment: Lipson v. Canada, Supreme Court of Canada, 2009 SCC 1, Date: January 8, 2009, Docket: 32041
• Split Infinitive
• Book Review
• Upcoming Programs
• Complimentary Event
• Section Executive 2008-2009

Volume 27, No. 2 - December/Décembre 2008

In this Issue:

• Update from the Estates List
• Fraudulent Use of Power of Attorney and Bank's Duty of Care to Review
• Ontario Court of Appeal Confirms an Estate Cannot Continue a Claim based upon the Charter
• Case Comment: Warren v. Gilbert Estate
• Case Comment: Frye v. Frye Estate
• Supreme Court of Canada Denies Leave to Appeal in Joint Tenancy Case
• Re Kaptyn Estate
• Legislative Update
• Spelling an Grammar Query
• Brown Bag Lunch Summary
• Listserv for Trusts and Estates Section!
• Upcoming Programs
• Nominations
• Section Executive 2008-2009

Volume 27, No. 1 - September/Septembre 2008

In this Issue:

• Message from the Chair
• End of Term Dinner: May 27, 2008
• Capacity Testing, Mental Competence, and Wills: Walking a Fine Line
• Carlisle Estate Revisited
• Omiciuolo (Estate Trustee of) v. Pasco
• The Paul Penna Estate: Summary Judgment Appealed
• MacDougall v. MacDougall Estate
• Capacity Law Working Group
• Brown Bag Lunch Summary
• Toronto Estates List Update
• Spelling and Grammar Query - The Subjunctive
• Aging Citizens, Evolving Practices: The Canadian Conference on Elder Law
• Upcoming Programs
• Section Executive 2008-2009

Volume 26, No. 4 - May/Mai 2008

In this Issue:

• Trusts and Estates Section News
• Letter to the Editors
• The National Elder Law Section Commentary
• Jarvis v. Jarvis
• Sheldrake v. Sheldrake
• De Zorzi Estate v. Read
• February Budget Summary
• Re Decleva - Re Walters Rises from the Dead
• Tax-Free Savings Account - Beneficiary Designation Problem
• Costs of the Challenger in Unsuccessful Will Challenges
• Summary Trial - An Option Worth Considering
• The Rule in Cherry v. Boultbee
• Spelling and Grammar Query
• Brown Bag Lunch Update
• How Would You "Fix" the Family Law Act?
• Section Executive 2007-2008

Volume 26, No. 3 - February/Février 2008

In this Issue:

• Marcoccia v. Gill
• Registered Disability Savings Plans
• Barry Corbin Wins the OBA Award for Excellence in Estates and Trusts
• Re Carlisle Estate
• Iasenza v. Iasenza Estate
• Upcoming Programs
• St. Joseph's Health Centre v. Dzwiekowski
• Bringing Trust Law into the 21st Century
• Brown Bag Lunch Update
• Spelling and Grammar Query
• Questions for the Bench?
• Law Society Revamps Certified Specialist Program
• Section Executive 2007-2008

Volume 26, No. 2 - December/Décembre 2007

In this Issue:

• Canadian Conference on Elder Law
• Kramarz v. KMH Cardiology & Diagnostic Centers
• The Comeuppance of an Estate Trustee
• Strickland v. Thames Valley District School Board
• Can a Solicitor's Lien for Unpaid Legal Fees Extend to an Original Will?
• Report of Civil Justice Reform Project
• Spelling and Grammar Query
• Book Review
• Brown Bag Lunch Update
• 2008 OBA Institute of Continuing Legal Education
• Call for Nominations
• Upcoming Program
• Section Executive 2007-2008

Volume 26, No. 1 - October/Octobre 2007

In this Issue:

• Organ Donation and Power of Attorney for Personal Care: Does the Estate Lawyer Have a Role?
• Informing Clients about Organ Donation ... Practice Suggestions
• Case Comments:
  - The Presumptions of Advancement and Resulting Trust in Canada: Pecore and Madsen Estate
  - Mladen Estate v. McGuire: A Class Act?
  - Miller v. Staples Estate et al, (2006) 278 D.L.R. (4th) 535 (N.S.C.A.)
• Online System for Estates List Scheduling
• Proposal regarding Tariff C
• Spelling and Grammar Query
• Brown Bag Lunches Start Again
• Section Award Nominations Are Now Open
• Upcoming Programs
• Newsletters Now Electronic: Message from the Chair of Sections
• National Pro Bono Mentorship Program/Le programme national de mentorat pro bono
• Section Executive 2007-2008

Volume 25, No. 4 - May/Mai 2007

In this Issue:

• Un-Tainting a Tainted Spousal Trust
• Promissory Notes and the New Limitations Act - Part II
• Case Comment: Ross v. Ross, (2006) 83 O.R. (3d) 1 (Ont. C.A.)
• Case Comment: Bikur Cholim Jewish Volunteer Services v. Langston [2007] O.J. No. 415 (Ont. S.C.)
• Lawyer Advocates Speaking to Clients about Organ Donation
• Estates List - Toronto: Update
• Book Reviews
• Brown Bag Lunch Update
• Report on Kingston Presentation of "Righting Wills" - April 16, 2007
• Section Executive 2006-2007

Volume 25, No. 3 - March/Mars 2007

In this Issue:

• Award of Excellence for 2007
• Flow-Through Share Donations - Eating the Cake and Having it Too
• Case Comment: Howson v. The Queen
• Protecting Elders from Financial Exploitation: The Limits of the Law
• Case Comment: Dewitt v. Taggart Estate
• When Will a Court Consider Evidence of an Illegal Scheme?
• Book Review: The Return of Martin Guerre by Natalie Zemon Davis
• Upcoming Events
• Section Executive 2006-2007

Volume 25, No. 2 - February/Février 2007

In this Issue:

• Gifts of Marketable Securities
• Promissory Notes and the New Limitations Act
• Inter-Vivos Family Trusts and Lessons Learned in the War of the Roses
• Madore-Ogilvie (Litigation Guardian of) v. Ogilvie Estate
• Forms under Rules 74 and 75 of the Rules of Civil Procedure
• Court Sets Aside Marriage Contract for Failure to Disclose Income and Assets
• Brown Bag Lunch Update
• Notice
• Estate Bench and Bar Committee Established for the Estates List
• Section Executive 2006-2007

Volume 25, No. 1 - November/Novembre 2006

In this Issue:

• Welcome to the First Issue of the 2006-2007 Editions of Deatbeat!
• Award of Excellence for 2007
• Mediation - Confidentiality Preserved
• Mutual Will Agreements
• Proving a Lost Will
• Court Includes Step-Child as a Beneficiary under Will
• Should a Court Disinherit a Legatee who Stole from the Testator?
• Domestic Contracts and Disclosure
• Banks v. Goodfellow Revisited? The Importance of Asking 'Why?'
• Canadian Conference on Elder Law
• Brown Bag Lunch Update
• "Listserv" is Coming to the Trusts and Estates Section
• Input Sought on the Operation of the Estates List in Toronto
• Book Review: Bleak House by Charles Dickens
• Section Executive 2006-2007

Volume 24, No. 4 - June/Juin 2006

In this Issue:

• Award of Excellence for 2006
• Cummings - Has it changed the way judges rule on claims for dependants' support?
• Advice on How to Gift a Home to a Child and Not to their Spouse
• Court Forms Accessible Through Internet as of July 6, 2006
• Brown Bag Lunch Update
• Court Cuts Compensation Claimed by Lawyer Acting as Executor
• A Bequest Gift to Sunnybrook or Women's?
• Section Executive 2005-2006

Volume 24, No. 3 - May/Mai 2006

In this Issue:

• Award of Excellence for 2006
• Estate Procedures Manual - Update
• Silent Victims: Financial Abuse by Power of Attorney
• Capacity Assessments: A New Regulation under the Substitute Decisions Act, 1992
• Fraud Against Elders: Is the Bank on the Hook?
• Planning for Registered Retirement Savings Plans
• Brown Bag Lunch Update
• Case Comments:
• Bott v. Macaulay 2005, 76 O.R. (3d) 422
• Juffs v. Investors Group Financial Services Inc. (O.S.C.J.) [2005] O.J. No. 3872
• Woods Estate v. Woods et al., [2005] O.J. No. 4678 (Ont. C.A.) reversing [2004], O.J. No. 218 (Ont. S.C.J.)
• Bunnage Estate v. Gaverluck 16 E.T.R. (3d) 105 (O(nt. S.C.J.)
• Regulation of Paralegals
• Section Executive 2005-2006

Volume 24, No. 2 - January/Janvier 2006

In this Issue:

• Regulation of Paralegals
• OBA Commentary - Bill 14 (Access to Justice Act, 2005) - Schedule C Amendments to the Law Society Act
• Estates List Update - Ontario Superior Court of Justice at Toronto
• Disclosure
• Donna Coral Cappon 1945-2005
• Case Comments:
• Pecore v. Pecore, 2005 CanLII 31576 (Ont. C.A.)
• Saylor v. Brooks, 2005 CanLII 30857 (Ont. C.A.)
• Gaudio v. Gaudio, 2005 CanLII 14574 (Ont. S.C.J.)
• Popke v. Bolt, [2005] A.J. No. 999 (Alta Q.B.)
• Ronald v. Ronald (2005), 17 E.T.R. (3d) 281 (Man. C.A.)
• Fareed v. Wood, 2005 WL 1460361 (Ont. S.C.J.)
• An Unpalatable Buffet of Tax Issues
• Brown Bag Lunch Update
• Section Executive 2005-2006

Volume 24, No. 1 - October/Octobre 2005

In this Issue:

• Award of Excellence
• Purcell v. M.R.S. Trust Co.: Raising More Questions than Answers
• Loans from Parents to Adult Children: A Gift or a Loan?
• Cameron (Estate) v. Button, [2005] O.J. No. 1671 (Ont. S.C.J.) - P.H. Howden, J. - Limitation of a Claim for Breach of Trust/Fraud
• Luty v. Magill, [2004] O.J. No. 5227 (Ont. S.C.J.) - Handwritten Changes to Formally Executed Will
• King of Canada's Appeal Rejected by the Supreme Court of Canada
• McDougald (Estate) v. Gooderham, 2005 CanLII 21091 (ON C.A.)
• Presumption of Advancement/Resulting Trust - Recent Case Law
• Joint Bank Accounts and the Right of Survivorship
• A Look at Canada-US Tax Legislation as Seen through the Eyes of a Strangi
• Brown Bag Lunch Update

Volume 23, No. 3 - May/Mai 2005

In this Issue:

• Bonds Required in Estate Administration
• Contigent (or Successor) and Co-Ownership of Life Insurance Policies
• Loans from Parents to Adult Children: A Gift or a Loan?
• Milverton Stock Yards Ltd. v. Thomas, 2005 CanLII 3722 (ON S.C.)
• Executor Fees: Withholding CPP and Issuing T4s
• Brown Bag Lunch Update
• Application for Estate Trustees - Dealing with Estates Courts
• Joint Retainers

Volume 23, No. 2 - April/Avril 2005

In this Issue:

• Ontario solicitors please note, US ligiation settlement limitation periods running
• Trust Beneficiaries' Liability Act, 2004
• Separate Taxpayer Status for Multiple Testamentary Trusts
• Bushau v. Rogers Communications Inc.
• Undertaking to Pay Probate Tax
• Court Status Certificate
• Affiliated Persons Rule and Trusts
• Appointment of Estate Trustees under section 3(1) of theTrustee Act

Volume 23, No. 1 - October/Octobre 2004

In this Issue:

• Message from the Chair
• Legally Enforceable Pledge Agreements
• The Last Word on Creditor Protection for RRSPs?
• Changes to the Estates Rules
• Income-Splitting Loans
• CRA Changes Administrative Policy for Single-Purpose Corporations
• Using the Cy Pres Jurisdiction to Approve a Total Return Investment Policy for a Charity
• Re F [2004] EWHC 725 (Ch)
• Graham and Gordon v. Bonnycastle and Lien, 2004 A.J. No. 940 (Alta. C.A.)
• Ettorre v. Ettorre Estate, [2004] O.J. No. 3646 (Ont. S.C.J.)
• PIPEDA Case Summary #278 - Power of Attorney Document Properly Requested by Bank
• Update on PIPEDA Case Summary #236 - Beneficiary Access to Information Using PIPEDA
• Principal Residence Held in Alter Ego Trust
• Brown Bag Lunch Update
• Neufeld v. Neufeld Update

Volume 22, No. 4 - May/Mai 2004

In this Issue:

• Beneficiary Designations and Resulting Trusts: A Perilous Presumption
• Bill 56 - Amendments to Employment Standards Act, 2000 - Family Medical Leave; Definition of Spouse
• Beneficiary Access to Information Using PIPEDA
• Proposed Changes to Definition of "Affiliated Persons" - Federal Budget (March 23, 2004)
• Further Tax Amendments
• Brown Bag Lunch Update
• Interpretation Bulletin on Subsection 85(1) of the Income Tax Act
• Specialty Designations for Estates and Trusts Lawyers
• Acknowledgement

Volume 22, No. 3 - March/Mars 2004

In this Issue:

• Executors' Fees and Canada's Goods and Services Tax
• Case Comments
• Tax Notes
• Brown Bag Lunches Continue Strong
• Interest Rates

Volume 22, No. 2 - December/Décembre 2003

In this Issue:

• OBA Award of Excellence in Trusts and Estates
• PIPEDA and Estates Law
• Interest Rates
• Estate Obligations for Records Retention: Or Transfer: Patient Medical Records
• The Limitations Act, 2002
• Case Comments
• Specialty Designation Update

Volume 22, No. 1 - October/Octobre 2003

In this Issue:

• Specialty Designation Update
• Message from the Chair
• Case Comments
• Tax Notes
• Brown Bag Lunches
• Mandatory Mediation - Estates, Trusts and Substitute Decisions
• Interest Rates

Volume 21, No. 4 - May/Mai 2003

In this Issue:

• Case Comments
• The Alberta Solution
• Brown Bag Lunch Update
• Estate List Update

Volume 21, No.3 - March/Mars 2003

In this Issue:

• Message from the Chair
• Tribute to Willson A. McTavish
• New Children's Lawyer
• LEAVE A LEGACY
• The Life Stages of Giving
• Income Tax Update
• Joint and Several Liability
• When does an executor's role end and a trustee's role begin?
• The Standing of Objectors
• Desharnais v. Toronto Dominion Bank
• Brown Bag Lunch Update
• Feduciaries Beware
• Legislative Update
• Interest Rates

Volume 21, No.2 - December 2002

In this Issue:

• Costs in Estate Litigation - The New Costs Grid
• New and Proposed Legislation
• Case Comments
• Tax Notes
• Brown Bag Lunch Update
• Specialist Certification - Wills, Trusts and Estates Law
• Interest Rates

Volume 21, No.1 - September 2002

In this Issue:

• In Honour of Madam Justice Donna Haley
• Message from the Chair
• Hrab Estate v. Vandor - Another Twiest on Section 38(3) of the Trustee Act
• Case Comments
• Interest Rates
• Tax Notes
• Brown Bag Lunch Series

Volume 20, No.4 - May 2002

In this Issue:

• Rules Changes (2002) Respecting the Awarding, Fixing and Assessment of Costs
• The Collaborative Law Model
• Case Comment
• Paralegals
• Upcoming Programs

Volume 20, No. 3 - March 2002

In this Issue:

• OBA Award for Excellence in Trusts and Estates
• Legislative Update
• Practice Notes
• Tax notes
• Case Notes
• Interest Rates Second Quarter 2002
• Upcoming Programs

Volume 20, No. 2 - January 2002

In this Issue:

• LEAVE A LEGACY^TM Launches in Toronto in 2002
• Interest Rates First Quarter 2002
• Legislative Update
• Practice Note - Costs
• Cases
• Upcoming Program
• Notices for Section Meetings
• Law Society Seeks Member Input on Joint Retainer Rule

Volume 20, No. 1 - October 2001

In this Issue:

• Interest Rates - Fourth Quarter
• Recent and Upcoming Meetings
• Welcome from the Chair
• Legislative Update
• Practice Points
• Practice Note: Money Laundering
• Editorial
• Letter re: Bill C-16 - Charities Registration (Security Information) Act
• Special Federal Tax Assistance For Charitable Donations of Publicly Traded Securities, Made Permanent, released October 12, 2001

Volume 19 - No. 4 - May 2001

In this Issue:

• Second and Third Quarters Interest Rates
• Upcoming Programs
• Practice Points
• Tax Cases
• Cases
• Trusts and Estates Section Executive 2000-2001