by Mitchell Rattner When meeting with a lawyer to discuss estate planning, most often the client will consider the dispositions of his/her real property, personal possessions, business interests, and other investments. Proper consideration also needs to be given to the extent and nature of the client’s digital assets. Almost everyone has a digital presence, but every […]
by Mitchell Rattner Amendments to the Income Tax Act (R.S.C., 1985, c. 1 (5th Supp.)) (“ITA”), which came into effect on January 1, 2016, stipulate that the income and realized capital gains of testamentary trusts will now be taxed at the highest marginal rate (29%), but for two key exceptions. Exception #1: Graduated Rate Estate Graduated Rate Estate […]
by Rob Levesque, Published: March 08, 2016 Last year we blogged about Spence v. BMO Trust Company, a case that was causing a sitr in the estates and trusts bar. In Spence, the testator made a will that explicity disinherited his daughter. The daugher sought to set aside the will on the grounds that the testator’s motives for […]
by Robin Spurr A recent case reported in the news by CBC has brought up an issue we see far too often; individuals being taken advantage of because they lack capacity. In this particular case, a door-to-door sales company allegedly induced an elderly woman with Alzheimer’s disease to sign unfavourable contracts for heating/air-conditioning services locking her in for the […]
by Jovan Cvejic Schnurr Kirsh Oelbaum Tator LLP is proud to announce that once again our partners have been recognized by their peers in the 2016 Edition of The Best Lawyers in Canada in the practice area of Trusts and Estates.
by Robin Spurr, Published: November 06, 2015 Scalia v. Scalia is a Court of Appeal decision, which provides guidance for Power of Attorney disputes, specifically the scope of the attorney for property’s authority with respect to joint assets, as well as the cost consequences for an unreasonable attorney for property. This was an appeal involving a dispute […]
by Robin Spurr, Published: September 19, 2015 In an effort to streamline the litigation process and free up much needed court resources, the Rules of Civil Procedure were amended as of January 1, 2015 to provide that the Registrar shall dismiss an action if it has not been set down for trial within 5 years. This dismissal for […]
by Jovan Cvejic, Published: March 06, 2015 We congratulate our friend and former colleague Susan Woodley on her judicial appointment to the Ontario Superior Court of Justice. We are pleased to announce that Schnurr Kirsh Oelbaum Tator LLP will take over carriage of Susan’s Estate, Trust and Guardianship practice. We will have an additional office at […]
by Robin Spurr, Published: February 27, 2015 The recent decision in Spence v. BMO Trust Company raises very interesting questions about testamentary freedom and the power of the courts to remedy wills which contravene public policy. In this case, the testator, Rector Emmanuel Spence, executed a will which disinherits his daughter Verolin in favour of his estranged daughter, […]
by Jovan Cvejic, Published: January 30, 2015 We are very excited to announce that Schnurr Kirsh Oelbaum Tator LLP has been named one of the Top 5 Boutique Wills, Trusts and Estates firms in Canada by Canadian Lawyer magazine! The list is compiled and voted on by lawyers across Canada. We are grateful to our peers […]