In Canada, MAID has now been legal since June 2016 when the Parliament of Canada passed federal legislation that allowed eligible Canadian adults to request medical assistance in dying. However, the issue is by no means settled and the courts have been frequently called upon to referee MAID’s implementation and application. By way of background,
Litigation comes with its own jargon which is not easy to decipher. In Ontario a lawsuit/court proceeding is categorized as either an action or an application. What’s the difference? The terms are defined in the Rules of Civil Procedure, but these definitions are not terribly useful at first blush; an action is defined as “a
Can you apply for the removal of the estate trustee? Section 37(3) of the Trustee Act provides the court with legislative authority to grant an order removing an estate trustee upon the application of: -any executor or administrator desiring to be relieved from the duties of the office, or -any executor or administrator complaining of
The Law of Resulting Trusts What happens to jointly owned assets following the death of one of the joint owners? In the normal course, full ownership passes to the surviving owner.[1] However, this result may seem unfair where only one of the owners paid for the property or, in the case of bank accounts, only
There is growing concern about the financial exploitation of the elderly by their attorneys for property. The combination of a cognitively impaired grantor (a person who appoints an attorney for property) paired with an attorney who has unfettered access to all of the grantor’s property creates the potential for financial abuse by attorneys. A power
