Estate Litigation

What is a “Common Law Spouse”?

In Canada, every person is afforded certain protections in the event they get divorced. For example, there are statutes in place to help determine how the couple will divide their property and whether one of them is entitled to child support or spousal support (and what amount). However, not every couple in a committed, long-term […]

Dependant’s Relief Claims, Estate Litigation, Legal Resources, Other Claims & Remedies Against Estates, Spousal Elections

Medical Assistance in Dying (MAID) – Part II

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

Capacity Litigation, In The News

What Is a Formal Application to Pass Accounts?

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

Advice to Executors and Trustees, Contested Passing of Accounts, Estate Administration, Estate Litigation, Passing of Accounts
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