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Mar 3, 2015

Partner Caroline Abela Speaks to News Talk 610 CKTB Radio and 1310News Ottawa about Predatory Marriages

To spread awareness of the growing problem of predatory marriages and aging Canadians, Caroline Abela spoke with Lee Sterry on News Talk 610 CKTB Radio, airing on…
Feb 6, 2015

The Supreme Court of Canada Overturns Prohibition on Physician-Assisted Suicide

Today the law criminalizing physician-assisted suicide was overturned in the landmark unanimous decision ofCarter v. Canada (Attorney General). The Supreme Court of Canada sent a strong message in support of the protection of Canadians’ right to life, liberty and security of the person (s. 7) pursuant to theCharter of Rights and Freedom.
Jan 21, 2015

Important Amendments to Ontario’s Estate Administration Tax Act

Back in 2012, we published an article forewarning about the proposed changes to the Estate Administration Tax Act in Bill 173 (Better Tomorrow for Ontario Act (Budget…
Dec 10, 2014

Tactical summons barrage leads to big indemnity

The case of Opara v. Opara [2014] O.J. No. 4555 provides an example of hotly contested estate litigation involving a disappointed family member who will take the…
Oct 9, 2014

Preservation, Patience and Persistence: The Dilemmas of a Litigator in Estates

In Re Estate of Ireni Traitses,1 Justice David Brown raised the issue of a cost-effective procedure when dealing with a “one house will fight”. Quite often, the…
Feb 13, 2014

Budget 2014: Changes to the Taxation of Trusts and Estates

The Canadian Federal Budget was tabled on February 11, 2014 and contains several important changes to the taxation of trusts and estates. We were somewhat prepared for…
Dec 11, 2013

Cuthbertson v. Rasouli and its Implications for Substitute Decision-Makers

In a recent and much-anticipated judgment, the Supreme Court of Canada in Cuthbertson v.Rasouli confirmed that withdrawing or withholding life support constitutes treatment which, inturn, requires consent…
Jul 31, 2013

Can You Believe It? The Role of Corroboration in Estates Litigation

The Ontario Court of Appeal recently admitted statements made by a deceased to family members prior to his death as evidence of his insurer’s mistaken cancellation of…
Jun 17, 2013

Prevent Estate Battles

No matter how well someone crafts her estate plan, ex-spouses, disgruntled business partners, estranged children and misguided family members can still challenge her wishes. Estate professionals must…
Apr 24, 2013

Retainers and Opening Files

The area of estates and trusts can present practitioners with unique problems, many of which can be avoided or mitigated by taking appropriate measures at the outset…
Apr 15, 2013

To Be Or Not To Be? The Question of the Exclusion of Trust Property Upon Marriage Breakdown

Ludmer v Ludmer 2013 ONSC 784 is a case that dealt with, among other things, the exclusion of trust property in a net family property calculation upon…

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Jul 30, 2012

Hansen Estate: An Expansive Approach to the “Course of Dealing” Test

The Court of Appeal in Hansen Estate v. Hansen affirmed and refined the “course of dealing” test. If this test is passed, it is sufficient to establish…
Mar 3, 2011

Trusts and Trustees: Some Tips on Risk Management

Being asked to be a trustee of an estate is not a gift.

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