Mondaq Canada: Family and Matrimonial
Borden Ladner Gervais LLP
In a recent decision on an application by Royal Trust Corporation of Canada, Justice Mitchell of the Ontario Superior Court of Justice found a donation in a will to be contrary to public policy.
Clark Wilson LLP
I blogged a few years ago on the old law of presumption of advancement and new law of presumption of resulting trust established in the landmark Supreme Court of Canada Pecore decision.
Minden Gross LLP
At common-law, where a property is purchased with one person's money and title is put in the name of another, there is a presumption that the title holder holds title in trust for the person who contributed the money.
Borden Ladner Gervais LLP
The Ontario Court of Appeal recently overturned an Application Judge's decision to set aside a will on public policy grounds, emphasizing the principle that the scope for judicial interference with a testator's wishes is limited.
McInnes Cooper
McInnes Cooper's Marc-Antoine Chiasson and Romain Viel represented the successful party in the application for leave to appeal to the Supreme Court, and Marc-Antoine represented her throughout her challenge of Mr. McCorkill's bequest.
Miller Thomson LLP
The recent Alberta Court of Queen's Bench case, Morrison Estate (Re), 2015 ABQB 769, considered whether the presumption of resulting trust should be applied...
Miller Thomson LLP
Since the enactment of the Family Law Act, Courts have struggled with determining, firstly, if and when the interest of a spouse in a discretionary trust qualifies as "property" as defined...
Fuller Landau
It's no secret that building a successful food or beverage business requires persistence, dedication and personal sacrifices.
Alexander Holburn Beaudin + Lang LLP
When an individual has not planned for mental incapacity by preparing an enduring power of attorney instrument, representation agreement and/or advance directive, a committee application is typically required.
Clark Wilson LLP
Proprietary estoppel is a legal doctrine that protects parties who detrimentally rely on assurances made by others about their property.
Torkin Manes LLP
In a perfect world, parents could assist their children financially without concern for the future viability of their children's marriages.
Borden Ladner Gervais LLP
Financial institutions are besieged by requests to release the assets of deceased people without a probated Will.
Clark Wilson LLP
On the subject of musician Prince dying without a will, Richard Weiland was interviewed by All In a Day on CBC Radio in Ottawa yesterday on the matter of dying intestacy (without a will).
Miller Thomson LLP
In a recent decision, the Ontario Superior Court of Justice ruled on whether a non-contributing joint bank account holder owed a fiduciary duty to the contributing joint bank account holder...
Miller Thomson LLP
In Abdollahpour v. Banifatemi, 2015 ONCA 834, the Ontario Court of Appeal ruled on how particular cultural practices should be treated when being used as a basis for legal arguments.
Pallett Valo LLP
In our December 2015 Wills, Estates & Trusts Newsletter, we discussed the controversial decision of Spence v. BMO Trust Company. - See more at: https://www.pallettvalo.com/news-centre/newsletters/spence-v-bmo-ndash-an-update#sthash.iDOLbV8K.dpuf
Borden Ladner Gervais LLP
The executor's application was dismissed with costs payable to Scotiabank.
Borden Ladner Gervais LLP
Many financial advisors recommend that their clients make powers of attorney for property and personal care, and so are drawn into discussions about end-of-life care.
Crowe Soberman LLP
Collaborative Family Law is based on a commitment by the participants to a principled, negotiated settlement that focuses on client empowerment without the threat or use of court action.
Minden Gross LLP
In the recent case of Spence v. BMO Trust Company et al., the Ontario Court of Appeal dealt with the interesting question as to whether or not the court can set aside a bequest in a Will because it may have been motivated by racism.
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Collins Barrow National Incorporated
A common question that we often get as farm tax advisors is whether or not farm property can be transferred to the next generation by way of a gift.
Minden Gross LLP
Most homeowners in Canada know that when they sell their principal residence, any resulting gain will not be subject to tax in Canada.
Clark Wilson LLP
I blogged a few years ago on the old law of presumption of advancement and new law of presumption of resulting trust established in the landmark Supreme Court of Canada Pecore decision.
Fuller Landau
It's no secret that building a successful food or beverage business requires persistence, dedication and personal sacrifices.
Blaney McMurtry LLP
Hello everyone. Below are the summaries of this week's civil decisions released by our Court of Appeal. Topics covered include real estate, family law, non-share capital corporations, labour law and leave to extend time to appeal.
Blaney McMurtry LLP
The following are this week's summaries of civil decisions released by the Court of Appeal. The topics covered include bankruptcy, the law of guarantee, the principles of contract interpretation, relief from forfeiture, civil procedure (service of foreign defendants) and family law.
Minden Gross LLP
At common-law, where a property is purchased with one person's money and title is put in the name of another, there is a presumption that the title holder holds title in trust for the person who contributed the money.
Miller Thomson LLP
The recent Alberta Court of Queen's Bench case, Morrison Estate (Re), 2015 ABQB 769, considered whether the presumption of resulting trust should be applied...
Blaney McMurtry LLP
The federal government has rescinded a new tax rule that contained unintended, potentially unfair implications for stepchildren.
Crowe Soberman LLP
One of the biggest concerns for families of seniors requiring residential facility care, is how to make that care more affordable.
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