Wills, Trusts & Estates
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June 11, 2024
Clutter: How to remove it and organize your affairs
Whether it is technological challenges, including accessing the information we need through a portal when it used to come automatically through snail mail, new legislation and increasing tax compliance or keeping our estate planning up to date, many of us feel overwhelmed when it comes to keeping our financial affairs up to date and in order.
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June 10, 2024
Elder law: What it is and why it’s important
Elder law, broadly speaking, is the area of law focused on legal issues from the perspective of the older adult whose rights are in issue. When it comes to elder law itself, the legal issues that arise and the needs of the clientele are unique.
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June 07, 2024
Devry Smith Frank announces new associate lawyer
A recent news release from Devry Smith Frank LLP (DSF) announced the addition of Mohadeseh Bakhtiari as an associate lawyer.
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June 07, 2024
New innovator-in-residence at Ontario Bar Association
The Ontario Bar Association (OBA) announced in a June 5 news release that it had appointed Colin Lachance as the innovator-in-residence for the 2024-25 year.
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June 07, 2024
SCC rules on interplay of informer privilege & open courts in so-called secret trial case
The Supreme Court of Canada says no “secret” trial occurred during the in-camera prosecution of a confidential police informer in Quebec, but it has ordered 9-0 that a redacted trial judgment should be made public, which contains no information that might identify the police informer in breach of what the top court has previously described as the “extremely broad and powerful” informer privilege.
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June 07, 2024
Collaborative approaches in estate litigation: The rise of ADR
The legal field has increasingly favoured Alternative Dispute Resolution (ADR) methods in estate litigation, highlighting a shift towards collaborative processes to resolve conflicts. ADR methods include mediation, judicial dispute resolution, arbitration and hybrid approaches like Med-Arb, which blend mediation and arbitration. The increasing use of ADR in various legal contexts highlights its adaptability and effectiveness, proving its relevance beyond commercial disputes to the intricate field of estate litigation.
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June 05, 2024
Multiple executors and trustees: pros and cons
First, an explanation of some estate law nomenclature. An executor is the person appointed to carry out the provisions in a will, including distribution of the estate. A trustee is the person appointed in a will (in the case of testamentary trusts) or other trust document (i.e., an inter vivos trust) to administer a trust for the benefit of other persons.
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June 04, 2024
Canada to provide automatic permanent residence to foreign nationals arriving under caregiver programs
Ottawa says it will roll out two new pilot programs later this month that will offer home-care workers from abroad permanent residence on their arrival in Canada.
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June 03, 2024
SCC’s Wagner urges vigilance, strong defence against false information, justice system attacks
Canada’s top judge says elected officials should not attack the justice system or the judiciary, based on false information that could shake public confidence.
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May 31, 2024
SCC gives guidance on interpreting exclusion clauses, applying standards of appellate review
The Supreme Court of Canada has clarified what is required for an exclusion clause in a contract of sale to exempt the seller from an implied condition under Ontario’s Sale of Goods Act (SGA) and has also clarified what standards of appellate review apply when trial courts interpret contracts involving implied statutory conditions.