An Order for Directions is Not the Place to Exclude the Application of the Deemed Undertaking Rule 01 avril 2013 Sean Lawlor In many estate litigation proceedings, the parties obtain an Order for Directions near the outset of the application.
Case Comment: Cameron (Re) (2011) 108 O.R. (3d) 117 01 avril 2013 Vince De Angelis Is a spouse’s acquisition of her late spouse’s interest in their jointly owned matrimonial home by way of survivorship a “transfer at undervalue” that can be set aside under s. 96 of the Bankruptcy and Insolvency Act?
Juzumas v Baron: A case of predatory marriage and financial abuse of a vulnerable, yet capable older adult 01 avril 2013 Jaël Marques de Souza The decision of Juzumas v. Baron provides a tool kit for practitioners seeking to remedy a wrong created by a perpetrator of elder abuse.
Does Carrigan v Carrigan Estate Apply to LIRAs and LIFs? And an Important Update on the Carrigan Case 01 avril 2013 Ann Elise Alexander Carrigan v Carrigan Estate is a case about pre-retirement spousal death benefits under the Ontario Pension Benefits Act.
Nizar Kanji v. Attorney General of Canada: McPeake Decision Distinguished and Rectification Not Granted 01 avril 2013 Lucinda E. Main Justice Dorgan granted relief to the taxpayer from the application of subsection 75(2) of the Income Tax Act R.S.C., 1985, c. 1 (5th Supp.) in McPeake v. Canada (Attorney General) when the trust deed was rectified...
Estates and Trusts Brown Bag Lunch: January 15, 2013 01 avril 2013 Paul Trudelle Once again, we had a lively and informative discussion at our Brown Bag Lunch on January 15, 2013.
Case Comment: Carrigan v. Carrigan Estate 01 janvier 2013 Erin C. Cowling On October 31, 2012 the Ontario Court of Appeal released its decision in Carrigan v. Carrigan Estate, which will have an impact on who may be entitled to pension death benefits under the Pension Benefits Act.
A Note from the Chair of the Statutory Review Sub-Committee 01 janvier 2013 Vince De Angelis The Statutory Review Sub-Committee of the Trusts & Estates Executive has been working on a call to reform Ontario’s Estates Act as it pertains to bonding requirements.
Case Comment: Daradick v. McKeand Estate: When Will A Court Rectify a Will? 01 janvier 2013 Erin C. Cowling The recent Ontario Superior Court of Justice case of Daradick v. McKeand Estate addresses the issue of when a court will rectify a will, specifically when a drafting solicitor has failed to follow the testator’s instructions.
If You Survive Me by 30 Days: A Case Comment on Re Barbeau 01 janvier 2013 Benjamin D. Arkin It has been said that infinite monkeys at infinite typewriters will eventually write the complete works of William Shakespeare.