Articles 2019

This article outlines the rights of residents in retirement homes and long-term care homes under the Long-Term Care Homes Act, 2007 and the Retirement Homes Act, 2010 to participate in decisions about their day-to-day activities, medical care, and to participate fully in their social, cultural and spiritual lives; and the remedies available to residents for breach of those rights.

The author provides a brief review of the 2017 legislative proposals restricting tax planning involving private corporations, and the various changing positions of government over the year in response to feedback from small business owners, farmers, fishers, professionals, and experts. Also, the articles includes the position of government at the end of the year and what to anticipate in 2018.

The recent Ontario Court of Appeal case of Jansen v. Niels looked again at the difficulties that can arise when a parent dies while holding title in joint tenancy with only one her children. The court looks at the issue of severance of joint tenancies, inter vivos gifts between parents and adult children, and undue influence.

In this article, the author discusses the various methods of acquiring U.S. vacation property and the Canadian income tax and U.S. estate tax implications of each method.

A 70-year-old man in Florida was found unconscious on the street and transported to hospital. He arrived with no identification, family or friends and, with one possible exception, had no way of communicating with the medical team. The possible exception was a tattoo of the words, “Do Not Resuscitate” on his chest, and the tattoo included a signature. The author discusses various challenges arising from this situation.

At the October 17, 2017 Brown Bag Lunch, practitioners discussed the recent decision of Meyer v Rubin regarding the expanded role of the ETDL, whether attorneys for property can appoint replacement attorneys, and the treatment of real property in contemplation of probate applications.

The writer discusses the recent British Columbia case of Devore-Thompson v. Poulain in the context of capacity to marry and the telltale signs of a predatory marriage.

The estates bar met to discuss corresponding changes and challenges in estates and trusts law since the summer months, including a review of the new ODSP amendments, will drafting for non-resident testators and drafting Wills involving Florida property

The prevalence of third party funding agreements has grown rapidly over the past several years, and the trend is beginning to permeate the Canadian market. In this article, the authors address the potential use and appropriateness of third party litigation funding in estates litigation.

In this article, the author discusses planning avenues available for dealing with social media accounts such as Facebook, Twitter and LinkedIn.