Deadbeat

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.

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.

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...

Spencer v. Riesberry is an important case. Of relevance is the Court’s discussion of “family trusts,” and, more specifically, those that are deliberately devised in such a way so as to insulate the beneficiaries from claims made pursuant to the Family Law Act.

The Ontario Superior Court recently considered the application of the principle of proprietary estoppel in an estate dispute in its decision in Cowderoy v. Sorkos Estate 2012 ONSC 1921.

Laura Craig's guidelines address common errors in applications for a certificate of appointment of estate trustee with, or without, a will.

The recent experience of my office indicates that notwithstanding Justice Brown’s decision in Re Estate of Dorothy Pearsall...

In a much-anticipated decision, a unanimous Supreme Court of Canada in Fundy Settlement v. Canada (more commonly known as the “Garron” case) upheld the decisions of the Tax Court of Canada and the Federal Court of Appeal...

In Hansen Estate v. Hansen, the Ontario Court of Appeal recently examined the type of conduct or “course of dealing” that may sever a joint tenancy between co-owners of a property and convert it to a tenancy in common.

The 2012 Federal Budget proposes to permit a qualifying family member to become a Registered Disability Savings Plan holder for an adult who may not be able to enter into a contract.