Category: General Interest

18 Dec

Robo-Care for the Elderly

Doreen So Elder Law, General Interest, Health / Medical, In the News Tags: , , , 0 Comments

Humans are social beings.  Some of us enjoy interacting with others, with animals, with virtual reality experiences, or all of the above!

I read a heartwarming story recently from the New York Times which featured a robot caregiver for the elderly named Zora.  Zora was introduced to a nursing facility outside of Paris and she was rather well received.

The residents of this particular facility have dementia and other conditions that require twenty-four hour care.  Zora can converse with the residents through the assistance of a nurse who types on a laptop for the robot to speak.  Many residents formed an attachment to Zora and even treated the robot like a baby.

According to the makers of the Zora robot, it is the first robot in the world that takes care of people.

While a robot may not be able to replace the tender, love, and care of one’s family, it is easy to believe that a robot can make any one’s imagination wander, stimulate play, and even be a friend.

I say that as someone with very fond memories of Toy Story.  The first Toy Story came out in 1995 and Toy Story 4 is about to be released in 2019 if you want to check out the trailer here.

Thanks for reading!

Doreen So

17 Dec

What to do with all those text messages?

Doreen So General Interest, Litigation, Uncategorized Tags: , , , 0 Comments

Text messaging is an increasingly popular method of communication.

Even though a text may take less than 30-seconds to write and they are often intended to be causal communications as opposed to letters or e-mails, they are still a record of our written communications with one and other.

In a recent family law matter from Saskatchewan, the court was asked to consider the admissibility of a mother’s text messages with her child’s father in the context of a dispute about their parenting schedule.

The texts were downloaded from the mother’s phone to her computer using a computer application called “Decipher Text”.  The computer application then generated a print out of the parties text messages which “appears as many single spaced tightly grouped lines with a code at the beginning of each line and what appears to be text message communications placed at the end of the code” (at para. 7).  Since the document is a printout of an electronic record, the court considered whether the electronic record meets the requirements of the Saskatchewan Evidence Act.  Ultimately, the printout was found to be inadmissible because the mother failed to introduce affidavit evidence about how the printout accurately and completely depicts the parties’ communications as well as how “Decipher Text” actually works.

The crux of the problem was best described at paragraph 19:

Here the link between the smart phone text message and the form of evidence filed to prove that text message – the Decipher Text printout – is lacking. The intermediary here is a printout that is not a screen shot but is instead a computer rendering of some sort, filtered and formatted through the Decipher Text computer program/application. This intermediary program, or application, is not explained in any of the affidavits nor so commonly understood presently that it is possible to take judicial notice of what happens between the electronic record, here being the text messages, reaching the smart phone and that subsequently being converted into the printout attached. Thus a gap exists regarding authentication here.

In Ontario, section 34.1 of the Evidence Act, RSO 1990, c E. 23 governs the admissibility of electronic records in so far as it relates to the issue of authentication and best evidence rule.  Like Saskatchewan, section 34.1(4) provides that the person seeking to introduce an electronic record has the burden of proving its authenticity.

Sylvestre v. Sylvestre, 2018 SKQB 105 (link here), is well worth the read for any litigator in today’s day and age.  It is also well worth having in your arsenal of case law regarding how judicial notice may be given to other ways of presenting electronic evidence such as the screenshot.

Thanks for reading!

Doreen So

06 Dec

A Way to Honour Those No Longer With Us

Natalia R. Angelini General Interest, In the News, Uncategorized Tags: , 0 Comments

The Holiday season is full of merriment and celebration. But it may be difficult for those who have lost a loved one to partake in the festivities, as the sense of loss and loneliness is often deepened at this time of year.

A recent article tells us about holiday remembrance services that can offer relief to those coping without a person who meant a great deal to them. The author speaks of the death of his mother and of his attendance at a holiday remembrance service he learned of through his local Funeral Centre, which gave him great comfort. He touchingly notes:

“Sharing tales about my mother eased my sense of loss and helped me cope with the first Christmas without her. I felt no guilt about depressing others at Christmas. Instead I was instilled with the powerful sense of relief that comes from knowing others feel the same way. Being able to share my grief freely and without feeling like a burden is an emotional and powerful way to ease the pain and to comfort others too.”

I expect, as the author points out, that the most difficult time after our nearest and dearest pass away is not in the blur of the days immediately following the death and funeral, but when the hustle and bustle of that emotional time is over and everyone returns to living their lives.  So it is nice to learn that holiday remembrance services that can help us honour loved ones and lift spirits are run by many funeral homes across the Greater Toronto Area.

 

Thanks for reading,

Natalia Angelini

19 Nov

City of Toronto’s Actions to Care for its Senior Citizens

Kira Domratchev General Interest Tags: , , , , , 0 Comments

Some people would be surprised to know that there are now more Torontonians ages 65+ than children aged 15 and below. By 2041, the number of people over the age of 65 is expected to double. Nationally, seniors are projected to constitute one-quarter of the Canadian population by the year of 2036.

The City of Toronto found that a plan and an appropriate strategy were needed to be put in place, in order to ensure that the needs of the growing population of seniors are being met.

The City first addressed this question on April 12, 2011, when Council directed the Executive Director, Social Development, Finance and Administration to develop a comprehensive strategic plan for seniors in consultation with other levels of government, school boards, relevant community organizations and individuals, businesses and academia that is adequately funded, financially feasible and able to be implemented. A particularly important aspect of Council’s direction was the request that the strategy include helping seniors remain in their own homes longer.

On May 7, 2013, Council unanimously approved the Toronto Seniors Strategy: Towards an Age-Friendly City. Between 2013 and 2017, various progress reports were generated and on July 4, 2017, City Council adopted the Tenants First Phase 1 Implementation Plan. A particular area of interest in this plan was that the City Council approved the strategic integration of City programs and services for seniors and responsibility for management of the 83 seniors-designated buildings within the Toronto Community Housing Corporation portfolio under a new Seniors Housing and Services entity that is separate from Toronto Community Housing and is more directly accountable to City Council.

Most recently, a report for action was generated on April 30, 2018 indicating that the manner in which the City currently organizes its housing and services for seniors does not meet their needs and this problem will be exacerbated as the population continues to grow over the next 10-15 years.

The following recommendations were made:

  1. City Council to approve Version 2.0 of the Toronto Seniors Strategy and direct City Divisions and Agencies to implement the 27 high-impact recommendations contained in the report;
  2. City Council to direct the Executive Director, Social Development, Finance and Administration to work with the Executive Director of Financial Planning to report back on the financial impact of fully implementing the 27 high-impact recommendations once the service delivery plans have been fully developed for the medium-term initiatives.

It is encouraging to see that the City of Toronto is taking initiatives such as these to care for its aging population, moving forward. To learn more about this important endeavour check out the Toronto Seniors Strategy Version 2.0 report here.

Thanks for reading!

Kira Domratchev

Find this blog interesting? Please consider these other related posts:

A hippie commune for seniors? 

Protecting Seniors – Emergency Contact Form for Financial Advisors

The Protecting Canada’s Seniors Act

08 Nov

Honouring the Fallen – 100 Years of Remembrance

Garrett Horrocks General Interest, In the News 0 Comments

November 11, 2018 marks the 100th anniversary of Armistice Day.  A century earlier, at the eleventh hour of the eleventh day of the eleventh month, hostilities in the First World War came to an end.  Commonly observed in Canada and across the Commonwealth as Remembrance Day, memorial services are held to honour and commemorate those who served and those who died in service of their country.

Some symbols and acts of remembrance used to mark this solemn day, and their significance, are universal across all of the Commonwealth.  The poppy, for example, is a familiar emblem of remembrance in Canada and abroad.  Those of us who recall the poem “In Flanders Fields” by Canadian physician John McCrae may also credit it with the adoption of the poppy as a symbol of remembrance.

Fewer of us are likely aware that the custom of wearing a poppy should instead be credited to Moina Michael, a professor at the University of Georgia.  After the end of the First World War, Michael took inspiration from the well-known opening verse of McCrae’s poem and conceived the idea of selling silk poppies to raise funds to assist disabled veterans.  The practice was subsequently adopted by veterans’ groups in other nations including in Canada.  The Royal Canadian Legion’s Poppy Fund continues to provide financial assistance and support for Canadian veterans.

Canada also retains certain traditions that are unique to its celebration of remembrance.  The selection of a Silver Cross Mother is one such tradition.  This tradition is named for the Silver Cross, a medal historically awarded to the mother or next-of-kin of any member of the Canadian Forces who lost their life in the line of duty.  Each year dating back to 1936, the Royal Canadian Legion has chosen one such mother as the National Silver Cross Mother.  As part of the Remembrance Day ceremony at the National War Memorial in Ottawa, the Silver Cross Mother lays a wreath on behalf of all mothers who have lost a child or loved one in service of their country.

The selection of this year’s recipient, Anita Cenerini, is a watershed moment in dispelling the stigma surrounding mental illness and post-traumatic stress in veterans.  It is the first time in the history of the custom that the honour has been bestowed on a mother whose child’s life was taken not in active duty, but personally, after a battle with the effects of post-traumatic stress.  The Royal Canadian Legion is optimistic that this year’s ceremony will encourage veterans battling the effects of PTSD and mental illness, as well as their loved ones, to reach out for assistance and counselling.

Thanks for reading.  Lest we forget.

Garrett Horrocks

02 Nov

Go Fund Me Funerals

Paul Emile Trudelle Estate & Trust, Estate Planning, General Interest Tags: , , 0 Comments

Funerals can be expensive. Coming up with the money required for a proper disposition of remains can be difficult for many.

One option that is available to assist in paying funeral expenses is crowdfunding.

A recent search of “funeral” on  gofundme.com revealed 1,759,748 results. According to the gofundme.com website, over 125,000 memorial campaigns were commenced per year, and over $400m was raised per year. Click here for a link to the gofundme.com funeral fundraising information page.

Graveyard

An article on funeraldirect.co on crowdfunding for funerals gives tips on how to mount a successful crowdfunding for funeral expenses campaign. Tips include:

  • Use bright images or videos;
  • Use descriptive and catchy titles;
  • Spread the word using other social media, such as Facebook and Twitter;
  • Share the link directly to friends and family;
  • Keep supporters updated on the progress of the campaign;
  • Make it clear how the donations are to be used; and
  • Thank contributors for their support.

With respect to how the funds can be used, see an excellent blog from Suzana Popovic-Montag, Does Crowdfunding Establish a Trust?

Have a great weekend.

Paul Trudelle

01 Oct

Are you still a “spouse” if you are “Living Apart Together”?

Doreen So Common Law Spouses, Elder Law, General Interest, Support After Death, Wills Tags: , , , , 0 Comments

The Globe and Mail recently published an article on couples that live apart from each other.  This particular article focuses on the story of a couple who has never shared a home in the course of their twenty-year relationship.  This couple is not alone; approximately 1.9 million unmarried adults in Canada were in an intimate relationship with someone who occupies a separate residence in 2011.

This form of intimate relationships are considered to be a historically new family form.  Sociologists have coined this phenomenon as “LAT couples“, i.e. couples that are living apart together.

 

While the article focuses on couples who are deliberately choosing to live apart, there are also external factors that may prevent a couple from living together (such as immigration or capacity issues where one spouse has greater care needs than the other spouse).

LAT couples raise an interesting question with respect to whether such couples would be considered as a “spouse” within the meaning of Part V of the Succession Law Reform Act for the purposes of dependant’s support.  Pursuant to section 57 of the SLRA, the word “spouse” has the same meaning as section 29 of the Family Law Act.

Section 29 of the Family Law Act in turn defines the term spouse as,

  • people who are married to each other;
  • unmarried people who have cohabited continuously for a period of not less than three years; or
  • unmarried people who are in a relationship of permanence if they have children.

Interestingly, the Ontario Court of Appeal has made the following comment in Stephen v. Stawecki, 2006 CanLii 20225:

“the specific arrangements made for shelter are properly treated as only one of several factors in assessing whether or not the parties are cohabiting”.

Thanks for reading.

Doreen So

10 Sep

Dependent Relative Revocation: Succeeding on a Technicality

Garrett Horrocks Elder Law, Estate & Trust, Estate Planning, General Interest, Litigation 0 Comments

With the NFL season underway as of this past weekend, I thought this week would be an appropriate time to revisit a notion that is maybe as rare in sports as it is in contested estate matters: succeeding on a technicality.

Pursuant to section 15 of Ontario’s Succession Law Reform, a will may be revoked by, among other actions, the execution of a subsequent validly executed will or the destruction of that will by the testator, or by another individual in the presence of the testator acting on the testator’s instructions.

Consider the following scenario: a testator executes a subsequent will with the intention of revoking a prior will and, in the process, destroys the prior will.  To the dismay of the testator or his loved ones, the new will is held to be invalid.  In the ordinary course, this would lead to an intestacy, as no will would appear to govern – the prior will was expressly revoked and destroyed by the testator, and the subsequent will is not valid.

Rather than leave the testator or his loved ones in limbo, the doctrine of dependent relative revocation steps in to allow the revival of a prior will on a technicality.  This concept provides that the revocation of a prior will, as is a common term in many wills, is ultimately conditional on the validity of the subsequent will executed by the testator.  If, in the above scenario, the testator revoked and destroyed the prior will with the express intention of replacing it with a subsequent will, such revocation will be conditional on the subsequent will being valid.

Dependent relative revocation is a rare but critical technicality that prevents the absurd result of an intestacy, notwithstanding that a valid will would otherwise have governed but for subsequent execution of an invalid will.

Thanks for reading, and best of luck on your team’s campaign on the gridiron.

Garrett Horrocks

06 Sep

Planning for the Downsize: What to do with your “Stuff”

Garrett Horrocks Charities, General Interest, In the News 0 Comments

We are a society of “stuff.”  Furniture, electronics, collectibles and other memorabilia.  You name it; chances are, something along those lines is gathering dust in your home or that of a close family member.  This poses an inevitable question for those inching towards retirement age and who are considering downsizing their living arrangements – what are they to do with all of their “stuff”?

A recent article in Forbes magazine suggests that, despite the ostensibly good intentions of prospective retirees, their children will only tolerate so many personal effects being pawned off on them.  For many millennials, the reality is that living space is a premium, especially for condo dwellers in the city.  Absorbing an enormous credenza or an old television into already cramped quarters is simply not feasible for most.  Those looking to downsize in advance of retirement may therefore have to look outside their immediate family for relief.

Prospective retirees have several options at their disposal to alleviate the stress and anxiety that accompany the moving process.  A number of well-known charitable organizations, including the Salvation Army and Habitat for Humanity, among a slew of others, assist in receiving and repurposing donated furniture, electronics, and other personal effects.  Contributing to these organizations ensures that less fortunate individuals and families will be able to enjoy these effects for years to come, while simultaneously providing a solution to the retiree’s downsizing conundrum.

Junk removal services are another alternative that have exploded in popularity in the last decade or so.  These companies will typically provide the labour to arrive at your doorstep with a truck in tow, removing unwanted personal items for a small fee.  Many of these companies will, in turn, donate collected items to charitable organizations or other entities to reduce waste and ensure peace of mind the prospective retiree.

If downsizing is on your mind in the near future, consider these options to ensure your household items are given a second life.  Your children will be most appreciative!

Thanks for reading.

Garrett Horrocks

30 Aug

R.E.S.P.E.C.T. – Why Appoint an Estate Trustee?

Garrett Horrocks Elder Law, Estate & Trust, Estate Planning, Executors and Trustees, General Interest, Trustees Tags: , , 0 Comments

The death of the Queen of Soul, Aretha Franklin, on August 16 sent reverberations through Motown and the music industry as a whole.  However, equally as shocking to estates law practitioners is the fact that Franklin died intestate, that is, without having executed a valid Last Will and Testament.

Reports have emerged that Franklin died leaving an estate valued at approximately US$80 million.  Notwithstanding the insistence of her longtime lawyer to take proper estate planning steps, Franklin’s estate will now likely be distributed in accordance with Michigan intestacy laws rather than in accordance with her wishes.  As Franklin died leaving four children and no surviving spouse, a cursory review of applicable authorities in Michigan suggests her estate will be distributed equally amongst her children, as would be the case under Ontario intestate succession laws.

With that said, the fact that Franklin died intestate means that the courts will now be tasked with the appointment of a personal representative to consolidate and distribute the assets of her estate and attend to the payment of any liabilities.  In Ontario, where an individual dies intestate, the court is empowered to appoint an Estate Trustee without a Will pursuant to section 29(1) of the Estates Act.  While the appointee is entitled to seek professional assistance from lawyers, accountants, and certain other professionals to provide assistance, the administration of an estate, particularly one as large as Franklin’s, can be burdensome especially if the trustee is unsophisticated.

The size of Franklin’s estate will also likely lead to all manner of creditors coming out of the woodwork to stake their claim and create further headaches for the eventual executor.  As was the case with other celebrities who died intestate, the chaos that will presumably result is likely to be well-publicized in the media, notwithstanding the wishes of Franklin’s close family.  A well-crafted estate plan, including the selection of a willing and competent executor to administer the estate, may very well have allowed the administration of Franklin’s estate to remain largely private.  If recent history is any indication, that is no longer likely to be the case.

Thanks for reading.

Garrett Horrocks

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