Tag: law

16 Apr

Hull on Estates #374 – Removing estate trustees

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Listen to Hull on Estates #374 – Removing estate trustees

Today on Hull on Estates, Jonathon Kappy and Stuart Clark discuss removing estate trustees, and reference the recent 2013 case, Hawkins v. Hawkins Estate. If you have any questions, please email us at hull.lawyers@gmail.com, or leave a comment on our blog page.

Click here for more information on Jonathon Kappy.

Click here for more information on Stuart Clark.

10 Apr

Hull on Estates #373 – Retainer agreements

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Listen to Hull on Estates #373 – Retainer agreements

Today on Hull on Estates, Noah Weisberg and special guest, Jordan Atin, discuss retainer agreements. If you have any questions, please email us at hull.lawyers@gmail.com, or leave a comment on our blog page.

Click here for more information on Noah Weisberg.

Click here for more information on Jordan Atin.

 

 

17 Sep

Hull on Estates #348 – Notices of Objection

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Listen to: Hull on Estates Episode #348 – Notices of Objection

Today on Hull on Estates, Jonathon Kappy and Josh Eisen discuss the issue of standing to object to a will and motions to have notices of objection removed.

If you have any questions, please email us at hull.lawyers@gmail.com or leave a comment on our blog page.

Click here for more information about Jonathon Kappy.

Click here for more information about Josh Eisen.

11 Sep

Hull on Estates #347 – Application or Action?

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Listen to: Hull on Estates Episode #347 – Application or Action?

Today on Hull on Estates, Moira Visoiu and Jonathon Kappy discuss when an application should be converted to an action.

If you have any questions, please email us at hull.lawyers@gmail.com or leave a comment on our blog page.

Click here for more information on Moira Visoiu.

Click here for more information on Jonathon Kappy.

06 Sep

Hull on Estates #346 – Stepping Down as an Estate Trustee

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Listen to: Hull on Estates Episode #346 – Stepping Down as an Estate Trustee

Today on Hull on Estates, Paul Trudelle and Stuart Clark discuss the resignation, retirement and renunciation of executors and trustees.

If you have any questions, please email us at hull.lawyers@gmail.com or leave a comment on our blog page.


Click here for more information on Paul Trudelle.

Click here for more information on Stuart Clark.

 

15 Aug

Hull on Estates #343 – RRSP’s and Beneficiaries

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Listen to: Hull on Estates Episode #343 – RRSP’s and Beneficiaries

Today on Hull on Estates, Paul Trudelle and Stuart Clark discuss the recent case of Kiperchuk v. The Queen, and whether an RRSP that passes to a designated beneficiary on death is available to CRA to satisfy the deceased’s tax debt.

If you have any questions, please email us at hull.lawyers@gmail.com or leave a comment on our blog page.

Click here for more information on Paul Trudelle.

Click here for more information on Stuart Clark.

 

02 Aug

Ruling on the Issue of Three Parents

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In the case of H. v. R., R is the biological father of a child conceived with a lesbian friend, and H is R’s former same-sex partner. R and H’s relationship ended in 2006, when the child was three years old, and there were unfortunately no written arrangements in place with respect to H’s role in the child’s life.

Alberta’s Court of Appeal decided not to disturb a lower court’s finding that H is a legal parent and guardian of the child, which would result in her having three legal parents. An article in the Lawyers Weekly reviews the decision, noting that it does not create certainty on the issue, such that whether there could be three parents under the Family Law Act remains an open question.

There seem to have been huge strides in reproductive technology over the last few decades, which has been needed given the challenges that come along with more and more heterosexual couples trying to have children later in life and same-sex couples wishing to have children. Unfortunately, the law has not caught up as of yet. Philip Epstein comments speak to this point. He reportedly states that the H. v. R. case involves “a difficult area of the law that is very much in flux…we need overarching legislations that’s consistent in each province, spelling out exactly what rights there are, and we need to have a reasoned discussion about a whether people can reasonably contract in this area as opposed to simply voiding all contracts on the grounds of public policy”.

Hopefully, more and more of these cases coming before the courts will propel legislative changes towards a place of certainty in Ontario and Canada as a whole.

Have a great weekend!

Natalia Angelini

24 Jul

Hull on Estates #340 – Family Law in Trusts and Estate Law

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Listen to: Hull on Estates Episode #340 – Family Law in Trusts and Estate Law

Today on Hull on Estates, David Smith and Stuart Clark discuss family law in trusts and estates litigation.

If you have any questions, please e-mail us at hull.lawyers@gmail.com or leave a comment on our blog page.

Click here for more information on David Smith. 

Click here for more information on Stuart Clark.


26 Jun

Hull on Estates #337 – Bankrupt Estates

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Listen to: Hull on Estates Episode #337 – Bankrupt Estates

Today on Hull on Estates, Holly LeValliant and Natalia Angelini discuss what happens to a home held in joint-tenancy when, after death, the deceased individual’s estate is pushed into bankruptcy.

If you have any questions, please email us at hull.lawyers@gmail.com or leave a comment on our blog page.

Click here for more information on Holly LeValliant.

Click here for more information on Natalia Angelini.

28 May

Another Battle for End of Life Decision-Making

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Many estate practitioners are familiar with the Rasouli case, which we have blogged and podcasted on in the past.   In that case, the Ontario Court of Appeal upheld a decision of the Superior Court of Justice that doctors must get approval from the Consent and Capacity Board in circumstances where their decision to withdraw life-support treatment is contrary to the wishes of a patient’s family.  The doctors have appealed the decision to the Supreme Court of Canada.  The appeal was heard in December 2012, and no decision has been released as of yet. 
 
In the interim, these types of tragic and difficult struggles continue.  In a recent report, the family of Joaquim Silva Rodrigues is in a deadlock with Sunnybrook Hospital over the same issue.  Mr. Rodrigues has a rare disease called progressive supranuclear palsy, which has no known treatment.  His doctors conclude that he has no reasonable hope of recovery or improvement.  In the face of this diagnosis, Mr. Rodrigues’ express wishes to his family are reported as having been to keep him alive – he would rather suffer and remain in the company of his family than die.  

 

The Supreme Court of Canada’s ruling on the issue is anxiously awaited, and should provide clarity on who ultimately has the right to make end of life decisions in such circumstances. 
 
Thanks for reading and have a nice day,
 
Natalia Angelini

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