Articles 2020

An overview of the current law on solicitor's negligence applicable to estates and trusts practitioners and some practice tips to avoid a claim in negligence.

An analysis of the recent British Columbia Supreme Court decision in Gully v. Gully, (2018) BCSC 1590 and a reminder of the risks related to property held in joint tenancy between a parent and an adult child.

Highlights from the April 16, 2019 Brown Bag Lunch, including a discussion about the recent provincial budget, the case of Law Society of Ontario v. Dinnen on conflicts of interest, the case of MaWhinney v. Scobie on proving a Will in solemn form and more.

This article reviews the case law and commentary on whether there is a role for section 3 counsel in circumstances where the client is unable to communicate their instructions or wishes.

The issues raised in Re Milne were a source of much debate in the Estates and Trusts Bar in 2018. In this article, Adam Giancola reviews the recent Divisional Court decision which clarifies the validity of basket clauses used in multiple wills.

An article considering the impact of Dagg v. Cameron Estate on the use of life insurance by family law practitioners as security for a party's support obligations. The article also considers a recent application of these principles in Larmer v. Birnie.

Highlights from the February 19, 2019 Brown Bag Lunch, including a discussion on the concepts of "power of attorney" and "attorney", compensation for attorneys for personal care, specific property bequests, Re Carmichael Estate (2000) and the minimization of estate administration taxes through the use of alter ego trusts.

Half-Term Report from Pia Hundal, chair of the Trusts and Estates Law Section Executive, on recent work by the executive including Make a Will Month, response to Re Milne Estate, submissions to the Attorney General regarding proposed legislation on Electronic Beneficiary Designations, Brown Bag Lunches and a breadth of continuing professional development programs.

Highlights from the January 15, 2019 Brown Bag Lunch, including a discussion on filing Estate Information Returns, taxation of estate trustee compensation and the proposed changes to the Ontario Pension Benefits Act.

Highlights from the December 11, 2018 Brown Bag Lunch including a discussion about the appeal of Re Milne, argued on December 11, 2018, difficulties members have experienced obtaining a status certificate, drafting issues with respect to providing for beneficiaries under disability and RDSPs, and issues with respect to the beneficiaries of pension plans and insurance trusts.