Assessing Testamentary Capacity

by: , February 27, 2007

An article was published in the American Journal of Psychiatry in May 2007 and can be found at Among other things, the article considered the common cognitive screening tests used by the medical profession to assess testamentary capacity. By way of introduction, the article states: Clinicians and legal experts must understand that cognitive tests…read more

A Child’s Interest in the Family Cottage

by: , January 27, 2007

Recently, a client came to me regarding the purchase of a family cottage.  The client was obviously excited about his new purchase, and wanted advice as to whether he should include his minor children on title.  As his children would ultimately inherit the cottage, he thought it would be a good idea to include them…read more

When is an Investment Property a Matrimonial Home?

by: , January 1, 2007

In Debora v. Debora, the Ontario Court of Appeal confirmed that a property will be considered a matrimonial home even if it is owned by a company instead of directly by a spouse. The facts of the case make for interesting reading.  The parties went through a religious wedding ceremony in 1987, but did not…read more

When is a Loan a Gift?

by: , February 28, 2006

A father’s intention to gift his children a substantial amount of money and benefit a favoured charity at the same time, albeit indirectly, was at the centre of a recent case decided by the Tax Court of Canada.  The case in question is Benquesus v. Canada [2006] T.C.J. No. 149.  Gift giving has never been…read more