Case Comment: Daradick v. McKeand Estate, 2012 ONSC 5622 January 01, 2013 Claudia Sgro Daradick v. McKeand Estate, 2012 ONSC 5622, suggests the scope for rectification of wills in Ontario may be broadening.
Dice v. Dice Estate: Interpretation of the Term 'Per Stirpes' January 01, 2013 Lucinda Main The Ontario Court of Appeal recently revisited the meaning of the term 'per stirpes' in the interpretation of the Will of the late Mr. Joseph Wesley Dice in Dice v. Dice Estate.
ErAssure – Executor’s Insurance January 01, 2013 Sarah Shipley As was stated by Jordan Atin during the recent 15th Annual Estates and Trusts Summit, it is only a matter of time before a lawyer is sued for not having advised their client of the availability of ERAssure.
New Superior Court of Justice Practice Direction October 01, 2012 . Filing electronic versions of documents in civil appeals and judicial review applications in the divisional court.
Discretionary Trusts and Final Termination Provisions October 01, 2012 Blair L. Botsford An interesting question has arisen from discussions with a colleague recently that has caused me to revisit the structuring of discretionary trust provisions particularly in relation to their final termination.
The Henson Trust – A Second Look October 01, 2012 Afia Donkor Three cheers for the Henson trust and the case that made it possible.
Amendments to Insurance Act in Ontario Bill 55, Strong Action for Ontario Act, 2012 October 01, 2012 Vincent De Angelis Recent amendments to the Insurance Act received Royal Assent on July 20, 2012 but have yet to be proclaimed into force.
Discharge of Mortgage held Jointly by Deceased Co-Mortgagee October 01, 2012 Susannah Roth A follow-up to Susannah Roth's previous article discussing the ability of estate trustees appointed in a will to discharge a mortgage held by the deceased without the requirement of obtaining a Certificate of Appointment of Estate Trustee with a Will.
Trust Attribution Rule Does Not Apply To Fair Market Value Sales October 01, 2012 Larry Nevsky Catherine Nicholson The Crown recently advised that it will not seek leave to appeal the Federal Court of Appeal decision in The Queen v. Peter Sommerer 2012 FCA 207, which was decided in favour of the taxpayer.
Case Comment – Zheng v Zheng, 2012 ONSC 3045: Terminating Guardianship October 01, 2012 Kathryn Balter The court has previously looked at the issue of when it should order a person alleged to be incapable to undergo a capacity assessment under section 79 of the Substitute Decisions Act, 1992...