Cautionary Tales on Digital Estate Asset Planning

by: , March 15, 2021

The Age of Digital Assets  A collage of from the artist Mike Winkelmann, better known as Beeple, has recently sold for $69 million dollars. This marks the first purely digital work of art ever offered by a major auction house. However, what was sold is not art in the traditional sense. There are numerous copies…read more

A Tale of Two Suicide Notes

by: , March 8, 2021

2020 was an unusual year. Not only was there a global pandemic, but by sheer coincidence there was not one, but two estates applications in different provinces to determine whether a suicide note was a valid will. While the suicide note in Ontario was not found to be a valid Will, the one in British…read more

Ontario Welcomes New Tort of Internet Harassment

by: , February 17, 2021

This blog was written by Tyler Lin, Student-At-Law Ontario tort law has come a long way from its common law heritage days of the snail in a ginger beer. As modern society continues to evolve concurrently with the internet, the law has been striving to keep up. Any tool can be used for good or…read more

The Sherman Murders At the Supreme Court: Balancing Privacy with Openness

by: , November 10, 2020

Almost three years ago today, billionaire couple Barry and Honey Sherman were found murdered in their North York mansion. Their murderer(s) remain at large. In an unusual move, their probate files were sealed to protect the safety, privacy and dignity of the trustees and beneficiaries of their estates. This decision was appealed and now the…read more

Medical Assistance in Dying (MAID) – Part II

by: , October 19, 2020

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…read more

Medical Assistance in Dying (MAID) – Still Controversial

by: , August 28, 2020

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,…read more

The Rights of a Surviving Spouse – Spousal Election

by: , July 6, 2020

I just finished watching Mrs. America, the recent TV series that chronicles the fight by women in the 1970s to enshrine the Equal Rights Amendment (ERA) in the US Constitution. First proposed in 1921, the ERA sought to mandate equality between men and woman. In 1972, Congress passed the ERA, but they could not obtain…read more

A Not So Pleasant Dispute: Is Mount Pleasant A Charitable Trust?

by: , May 18, 2020

Despite Mount Pleasant’s bucolic name, some of the issues surrounding the cemetery recently have been less than… pleasant. The decision to close for Mother’s Day (and the previous closure) due to COVID-19 was controversial. While maintaining social distancing is important, giving residents the ability to use midtown Toronto’s “Central Park” (as one city councilor referred…read more

Testamentary Freedom – A Fundamental Right?

by: , June 17, 2019

Whether testamentary autonomy is a constitutionally protected right has not been considered by the courts … until now. The rules of testamentary succession (i.e. wills and estates) are governed by provincial law. While each province and territory has its own set of statutes, most have imposed some requirements that the deceased make “adequate provision” for…read more

Sealing One’s Fate: The Sherman Murders, Probate and Perseverance

by: , May 15, 2019

The Sherman murders remain famously unresolved and still generate headlines and notoriety. But, for better or worse, life moves on and Barry’s and Honey’s respective estates (collectively the “Sherman Estates”), however mundane, need to be probated and administered. In that regard, the Court of Appeal for Ontario (“OCA”) recently released a decision on an appeal…read more