Attracting the interest of critics in criminal law, constitutional law, health law, elder law and beyond, MAID continues to be among the most hotly debated topics in the contemporary Canadian legal landscape. In 1993, the Supreme Court of Canada (“SCC”) rejected a Charter challenge to the Criminal Code provisions at the time which prohibited MAID […]
Estate trustees, attorneys for property, guardians of property and trustees of a trust (collectively referred to here as “fiduciaries”) are all obligated to keep detailed records, or accounts, of their management of assets. Fiduciaries can be compelled to pass accounts by those with an interest in the trust property or by those with a close
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
When the issue of compensation is not specifically addressed in the Power of Attorney for Personal Care, a guardian for personal care may be wondering whether they are entitled to compensation. Legislation, however, does not provide a clear answer. While under the Substitute Decisions Act an attorney for property is expressly allowed to take compensation,
After being appointed as estate trustee or executor of an estate, it can be unclear how much compensation can be claimed for administering the estate. In addition, beneficiaries often object to the amount claimed. How is executor compensation determined? In some cases, the will itself outlines the amount of compensation that may be claimed or
