Mondaq Canada: Family and Matrimonial
McCarthy Tétrault LLP
This case illustrates well that some of the principles of the law of domicile, like the doctrine of revival, are antiquated and out of touch with modern reality with its widespread immigration and mobility.
Field LLP
As a young, healthy parent, you may believe that having a Will is the last thing on a long priority list. However, while a Will is vital for everyone, those with children should be particularly mindful of the primary importance of having a Will.
Alexander Holburn Beaudin + Lang LLP
It is not uncommon for parents to provide monetary gifts to their adult children. Parents may wish to help their child with a down payment on a property, or help pay out their child's existing mortgage.
Borden Ladner Gervais LLP
Can one owner of a joint bank account withdraw all of the funds for their own purposes? Does the other joint accountholder have any right to claim against the withdrawn funds?
Lerners
Some people will ask: "Can I give away my estate to whomever I want? The answer is not as simple as they may want.
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.
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Lerners
Some people will ask: "Can I give away my estate to whomever I want? The answer is not as simple as they may want.
Gowling WLG
Over the days that have followed, the position has become increasingly uncertain with upheaval in the markets, the resignation of the Prime Minister, David Cameron, and departure of many of the opposition MPs.
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.
Borden Ladner Gervais LLP
On June 14, 2016 the Ontario Superior Court allowed an action commenced by the estate of a deceased lottery winner to continue against her former investment advisors
Borden Ladner Gervais LLP
Can one owner of a joint bank account withdraw all of the funds for their own purposes? Does the other joint accountholder have any right to claim against the withdrawn funds?
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.
Blaney McMurtry LLP
Topics covered this week included family law, municipal law, contractual interpretation, reasonable apprehension of bias, and costs against a lawyer personally.
Crowe Soberman LLP
One of the biggest concerns for families of seniors requiring residential facility care, is how to make that care more affordable.
Alexander Holburn Beaudin + Lang LLP
It is not uncommon for parents to provide monetary gifts to their adult children. Parents may wish to help their child with a down payment on a property, or help pay out their child's existing mortgage.
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.
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