Dec 1, 2011Jurisdiction to Review Trustee Discretion – Case Comment on two UK Appeals Pitt v. Holt, Futter v. Futter Please download the PDF to see the full article.
Sep 21, 2011Case Law Update: Rondel v Robinson Estate Estates Interpretation of a Will Admissible Evidence
Sep 20, 2011Eighteen WeirFoulds Lawyers Named to the 2012 Edition of The Best Lawyers in Canada Eighteen WeirFoulds lawyers have been recognized by their colleagues in an annual peer-review survey and named to the 2012 edition of The Best Lawyers in Canada, one…
May 1, 2011Antle and Garron – The Federal Court of Appeal – Focus on the Fundamentals These Federal Court of Appeal decisions provide welcome direction for those engaged in the planning, implementation and maintenance of trust structures, both domestic and offshore.
Mar 30, 2011Case Law Update: Credifinance Securities Limited v DSLC Capital Corp Trustee Constructive Trust Fraud Bankruptcy
Dec 1, 2010Mission Impossible: Estate Planning and Assisted Human Reproduction This article was prepared by WeirFoulds Partner Clare E. Burns and Summer Student Anastasjia Sumakova.
Nov 17, 2010What Privilege Does a Trustee Enjoy? A trustee unquestionably owes a fundamental and comprehensive fiduciary duty to the beneficiaries of a trust.
Nov 1, 2010A Fair Share? Ontario law governing a deceased’s “moral obligations” to family members may set the stage for a successful claim by an adult child or spouse to a share of the deceased’s estate even if he or she was left out of the will.
Apr 12, 2010Low Interest Rates Threatening an Income Trust? There is a Solution. A trustee appointed under a Will must follow strictly the directions given in the Will. However, where the administration of a trust has become impractical by virtue of superseding events, the courts in Ontario can allow an exception to this rule.
Dec 1, 2009Some Further Thoughts on Costs in Estate Litigation In the October 2009 edition of Deadbeat, Elizabeth Seo provided a helpful survey of recent costs decisions in estates litigation.
Nov 1, 2009Looking to the Future — Mediation of Estate Disputes Anyone who practises in the Estates arena knows how highly charged the issues can get.
Oct 13, 2009A New Entitlement of Independent Adult Children to a Share of their Parents’ Estate? In Ontario freedom of testamentary disposition is restricted by the Succession Law Reform Act.
Oct 1, 2009Guardianship: What You Need to Know As medical science has improved, so has the prognosis for many of those who are catastrophically injured.
Apr 14, 2009Handle Estate Transfers of Real Property with Care The devil is in the details for any conveyance of real property. However, the details become more important when an estate is a party to the transaction.
Jan 19, 2009New Duties for Real Estate Developers Under Money Laundering Legislation On February 20, 2009, a key amendment to regulations under the Proceeds of Crime (Money Laundering) and Terrorist Financing Act, 2000, c.17 will come into force.
Sep 1, 2008Guardianships As medical science has improved, so has the life expectancy of those who are catastrophically injured. With longer life expectancy has come increased financial need for those who experience these tragedies. Personal injury damage awards have increased commensurate with this new reality. In the result, it is no longer unusual to see damage awards of more than $5 million.
Jun 20, 2008Municipalities Could Face Reduced Business Property Assessments It took testimony from nine experts, weeks of hearings, and a review of hundreds of exhibits to interpret a statute and determine how income producing properties should be assessed for municipal taxation in Ontario.
May 30, 2008Tenant bankruptcy and beyond – Spring 2008 “Bankruptcy” is commonly used to describe a number of legal situations involving a tenant’s financial distress. But with the rights and obligations of landlords and tenants determined by the true course of action taken, it pays for both sides to get the facts.