Tag: olympics

06 Aug

Rectifying a Will, and the Olympics

Paul Emile Trudelle Wills Tags: , , 0 Comments

As I write this, the Tokyo 2020 Olympics are in full swing. Congratulations to all Canadian athletes competing.

This week’s blog is on rectification of a will. It also has an Olympic connection.

As reported in Jamt Estate (Re), Egil Ruud Jamt died in Vancouver, B.C. on August 16, 2016. He died leaving a will dated February 14, 2012. The will, prepared by a lawyer, named the deceased’s “nephew, Per Kare Jamt” as sole beneficiary of his estate.

The problem was that the deceased did not have a “nephew” by the name of “Per Kare Jamt”. He did, however, have a nephew by the name of “Per Martin Jamt”. Per Martin Jamt applied to rectify the will so that he was the beneficiary. The application was not opposed by any of the deceased’s intestate beneficiaries.

The court allowed the rectification. In doing so, the court considered the rectification provisions of B.C.’s  Wills, Estates and Succession Act, which allows the court to rectify a will where the court determines that the will fails to carry out the will-maker’s intentions because of:

  1. an error arising from an accidental slip or omission;
  2. a misunderstanding of the will-maker’s instructions; or
  3. a failure to carry out the will-maker’s instructions.

The court found that the deceased made an “accidental slip” in confusing his nephew’s middle name with the middle name of his predeceased brother. In finding that Per Martin Jamt was the correct beneficiary, the court considered the following:

  1. The deceased had many nephews, but only one with the name “Per”;
  2. “Per Kare”, named in the will, was the deceased’s brother, and predeceased the deceased;
  3. The deceased told the drafting lawyer that he wanted to benefit his brother’s youngest son: Per Martin Jamt fit this description;
  4. The deceased told the drafting lawyer that his nephew was about 60 years old. Per Martin Jamt was about 60 years old;
  5. The deceased provided in his will that if Per Kare Jamt was to predecease, Per Kare Jamt’s two children should have the estate. Per Martin Jamt had two children;
  6. The deceased provided the drafting lawyer with a telephone number for the named beneficiary. This telephone number matched Per Martin Jamt’s telephone number;
  7. The deceased provided the drafting lawyer with an address for the named beneficiary. This address matched Per Martin Jamt’s address;

and, now for the Olympic connection,

  1. The deceased told the drafting solicitor that he had recently seen his nephew in Vancouver in 2010 in connection with the Vancouver Winter Olympics. Per Martin Jamt visited the deceased in Vancouver in 2010 in connection with the Vancouver Winter Olympics!

(I admit: the Olympic connection was a weak one, but nonetheless.)

The court had no difficulty in concluding that the intended beneficiary was Per Martin Jamt.

Thanks for reading.

Paul Trudelle

23 Jul

Olympic Medals: Going for the Gold

Paul Emile Trudelle General Interest, In the News Tags: , , 0 Comments

Finally, the 2020 Olympics appear to be about to begin (at the time that this is being written).

The Tokyo Olympics will have 339 medal events. Approximately 5,000 medals have been minted. The medals are made from recycled materials.

This year, for the first time in recent memory and due to COVID concerns, athletes will be putting their medals around their own necks.

According to International Olympic Committee regulations, each medal must contain a depiction of Nike (the Greek goddess of victory, not the swoosh), the official name of the Games  (eg. XXXII Olympiad Tokyo 2020) and the Olympic five rings symbol.

Although the medals are probably priceless to the winner, they do have an actual value. The cost of the materials used to make the medals is said to be $1,010 CDN for a gold medal, $640 CDN for a silver medal, and $5 CDN for a bronze medal. The gold medal contains six grams of gold plating over silver, the silver medal is all silver, and the bronze medal is made of brass. The Olympic Committee stopped giving out pure gold medals after the 1912 Olympics.

The medals clearly have a value beyond their cost to produce. Most notably, one of Jesse Owens’ 4 gold medals from the 1936 Berlin Olympics was sold in 2013 for over $1.4m US.

On eBay, an original silver medal from the 1906 Olympic Games is available for $15,289 CDN. Replica medals from most Olympic Games are available on eBay for about $35.00 CDN.

In addition to having value in and of themselves, Olympic medals often come with a hefty bonus from the winner’s country. Singaporean winners get $1m, $500,000 or $250,000 US for bringing home a gold, silver or bronze medal. Canadian winners get $20,000, $15,000 or $10,000 depending on where they are on the podium.

For the intriguing story of the 1972 Olympic gold medal basketball game and what lead to a term in the will of competitor Kenny Davis prohibiting his descendants from ever accepting the silver medal from the 1972 Games, see Ian Hull’s blog, here.

May you be faster, higher, stronger this weekend.

Paul Trudelle

14 Aug

Squash or breakdancing at the Olympics – which would you choose?

Ian Hull Uncategorized Tags: , , , , 0 Comments

The Olympics seemed a lot simpler when Montreal hosted the summer games in 1976. Yes, there were some bizarre sports that seemed better suited to ancient Greece (hammer throw anyone?). But at least these bizarre sports were ones we knew well from previous games – and we were very familiar with most of the other stuff (like cycling, rowing, swimming, and running).

Times have changed

While many sports have been added and dropped from the modern Olympic games over the years, some new additions for 2020 certainly catch the eye – namely sport climbing, surfing, and skateboarding.

All of these sports have been added to the exclusion of a sport – played by 20 million people worldwide – that has been working to be recognized as an Olympic sport for decades: squash.

The most recent pitch by the World Squash Federation was for squash to be included in the 2024 games in Tokyo – and it was confident that it had met all the criteria. But in February, the International Olympic Committee chose another sport to be added instead of squash: breakdancing.

Bye-bye squash

You can read about the reaction of the squash community here. In short, they were stunned. Millions play the game, television coverage has increased, and it’s recognized as one of the most demanding sports to play.

But Olympic organizers have stated that their agenda is more youth-focused and more urban, which is why skateboarding and breakdancing are in and squash is out.

On the one hand, I get it. Squash has an elitist history (there was a squash court on the Titanic, available to first class passengers) and it’s mostly played in expensive clubs. Breakdancing and skateboarding are available to all, for next to nothing in cost. And they are fun to watch too.

On the other hand, if the Olympics continues to include even more elitist sports like equestrian, it seems unfair to exclude an individual sport that has a storied history, gender balance, and active youth programs worldwide.

I look forward to watching the skateboarding and breakdancing competitions in coming Olympic games. Don’t get me wrong. But I’ll shed a tear for a sport I think deserves a place on the podium as well.

Now, if we could just get rid of that hammer throw…

Thanks for reading!
Ian M. Hull

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