Wills, Trusts & Estates
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October 08, 2024
Appeal decision: 10-year limitation period doesn’t apply to trust claims against estates
The Ontario Court of Appeal’s recent decision in Ingram v. Kulynych Estate, 2024 ONCA 678 settles a debate that has been brewing for several years in Ontario as to which limitation period applies to estate litigation involving real property. It is now clear that equitable trust claims against an estate are subject to the Trustee Act, R.S.O. 1990, c. T.23 and the two-year limitation period in ss. 38(3), unless specifically exempted.
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October 07, 2024
Copyright infringement relating to the photographs of Vivian Maier
A decision of the Federal Court raises interesting issues relating to a claim for copyright infringement. The claim concerned photographs taken by the late Vivian Maier, an unknown photographer during her lifetime but whose works acquired fame posthumously (Maier Estate v. Bulger, 2024 FC 1267).
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October 03, 2024
SCC judges to visit 5 cities, pick law student contest winner in 2025 as top court marks 150 years
The Supreme Court of Canada is giving ambitious law students a rare opportunity to impress its nine judges.
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October 03, 2024
Miller Thomson expands private client services practice with new counsel, associate
A recent news release from Miller Thomson LLP announced the addition of counsel Jane Martin and associate Baira Oldvurova to the firm’s private client services practice.
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October 02, 2024
Fiduciaries: Their roles and responsibilities in estate law
It’s important to consider who will be the key decision-makers on death and incapacity when updating your estate plan. Understanding these roles can help you prepare better for your future and make informed decisions about your property and personal care. This post highlights the responsibilities of fiduciaries in the estate and incapacity planning context.
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September 30, 2024
Loopstra Nixon expands with addition of 2 associates
Recent news releases from Loopstra Nixon announced the addition of Dylan Gervais and Nikita Sharma as associates.
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September 30, 2024
Bedside manner: What they don’t teach you in law school
Many lawyers have a difficult time not only in acquiring clients but also in keeping clients or achieving client referrals. Many times, this is the case despite the quality of the work, the speed produced or even the price charged. One large reason for this comes as a result of a lack of “bedside manner” — a term typically used for doctors and patients but extremely applicable in the legal industry.
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September 27, 2024
New associate joins Clark Wilson B.C.
A recent news release from Clark Wilson LLP announced that Jonathan Fung had joined the firm’s estates and trusts group as an associate.
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September 27, 2024
When injury leads to incapacity: The role of guardianship
When a person sustains serious injuries after an accident, their ability to make decisions about their physical, mental or financial well-being may be compromised. When these injuries are severe enough to render the person “mentally incapable,” the legal concept known as guardianship may be necessary to protect their interests.
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September 26, 2024
Former Brampton lawyer who stole $3.2M, believing he was dying, gets 5-year sentence
A former, Brampton, Ont.-based lawyer who stole more than $3.2 million he received in trust from his clients when he believed he was terminally ill has been sentenced to five years in prison.