It is the kind of tragic story that makes for best-selling novels and Hollywood blockbusters. A young woman, raised in a loving home by two hard-working parents, battles a severe and debilitating disease. Left penniless and alone when her parents pass, she struggles to make ends meet as her body … [Read more...]
Round Two: Blended Families and Estate Planning
One of the main goals that people have when they are estate planning is making sure their family members are taken care of when they are gone. This can be more complicated when you have a blended family, where there can be all kinds of additional considerations. How do you balance supporting a … [Read more...]
Setting Up Wills and Trusts
Not all families are the same. That is why not all wills should be the same. The law provides us with tremendous flexibility in deciding how to leave our estates to our loved ones. In order to understand some of the choices you should consider, it is essential to understand the difference between … [Read more...]
“Have You Heard the One About The Canadian Who Died Without a Will?”
It is hard to overstate the advantages of having a good will. So, why don't more of us embrace "will power," even when we know story after story of families, business partners, and advisors having to clean up the mess when a person dies "intestate" (without a will)?In a lighthearted twist on a … [Read more...]
Mental Capacity Has Different Meanings in Different Contexts
President Donald Trump consistently makes the news, though more often it seems for comments an elected leader with sounder judgment would not be making. Furthermore, among the many outrageous statements that have left people scratching their heads, there have also been moments caught on camera … [Read more...]
Reasonable Doubt in Criminal Law
Canadian law recognizes different states of mind for decision-makers in various situations. Police officers and others engaged in an investigation are authorized to act where they have “reasonable grounds to believe” an offence has been committed and a particular person may be guilty. In some … [Read more...]
Top Ten Ways to be Reasonable in Estates (otherwise known as how to have your family get together for Christmas the year after you die)
As estate litigators, we see far too often what happens when reason gets thrown out the window and disputes – big and small - tear families apart. Here are some practical tips that can be used to make an estate plan as well as tips for personal representatives to follow to try to avoid … [Read more...]
Taxes? Reasonable?
Although many Canadians may disagree when reading various media reports or when filling out their own returns, the government and the Department of Finance generally consider our tax system to be reasonable. The term “reasonable” shows up with surprising frequency in our tax legislation and … [Read more...]
Dozens of Legal Reasonables
The test is whether a reasonably informed bystander could reasonably perceive bias on the part of an adjudicator. Nicholson v. Haldimand-Norfolk Regional Police Commissioners, (Supreme Court of Canada, 1979, p. 325) http://canlii.ca/t/1mkvlIntroduction If all the considerable bend in the … [Read more...]
The Reasonable Person
The reasonable person standard in tort law looks at whether a person's unintentional or careless actions mean they are liable for someone else's injuries.Tort law is an umbrella field of law, which aims to correct injustices that have happened between individuals. The courts assess whether the … [Read more...]
