There is a highly exotic and often overlooked exemption to the necessity of probate in dealing with Real Estate. It is formally known as the first dealings in land titles exemption. When the British Government assumed control of what would become the Province of Ontario, it began a relatively rudimentary system of land registration and […]
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PRESUMPTION OF RESULTING TRUST APPLIES TO REAL ESTATE
DO NOT ADD YOUR CHILDREN ON TITLE TO YOUR HOME TO AVOID PROBATE In another blog article we discussed the treacherous extension to beneficiary designations of the legal creature known as the presumption of resulting trust. That line of cases is fraught with many difficulties which are explained in that blog article. However in the […]
Read MoreNEED TO REVEAL YOUR INCOME – NO TIME LIMIT
The Supreme Court of Canada in 2020 released the important decision of Michel v. Graydon. The court held that even after a child was no longer deemed to be a child of the marriage as defined under the Divorce Act, the support that was evaded by the payor failing to reveal his/her income increases, was […]
Read MoreWill Instructions and Questionnaire
HOW TO CANCEL OR REVOKE A WILL
The law with respect to Wills is largely set out in The Succession Law Reform Act. Ontario is a strict compliance jurisdiction, meaning that for a Will and many other steps associated with it to be valid, one must strictly comply with all of the provisions of the law. This is in contrast with other […]
Read MorePalm tree justice gone wild
Presumption of Resulting Trust #2 Palm Tree Justice Gone Wild Just because you are the named Beneficiary of a RIFF or an Insurance Policy, you may not be I refer our readers to an earlier blog article title presumption of resulting trust “When is an Owner of a Bank Account not an Owner?” To briefly […]
Read MorePresumption of Resulting Trust
When is an Owner of a Bank Account not an Owner? The Supreme Court of Canada in the Precore decision confirmed the equitable rule (i.e. fairness law) called the presumption of resulting trust and applied it to jointly owned bank accounts. Frequently parents will add an adult child as a joint holder of a bank […]
Read MoreBlack Lives do Matter at Dale Streiman Law LLP
People around the world have gathered in solidarity with Black communities to protest police brutality and anti-Black racism, and to stand up for the value of Black lives. Dale Streiman Law LLP stands in solidarity with the Black community. We have made a donation to the Black Solidarity Fund to support charities focused on the […]
Read MoreCOVID-19 – SIGNING OF WILLS AND POWERS OF ATTORNEY
Hopefully readers of this blog years from now will read this document and chuckle in amazement looking upon the subject matter as being a historical anomaly. However as this blog is drafted, we are in the middle of a global pandemic COVID-19 that I shall simply refer to as the plague. The plague has caused […]
Read MoreREMOVAL OF THE JUDGE RECUSAL MOTION- REASONABLE APPREHENSION BIAS
On rare occasions, one can remove the presiding judge if one can show that the judge is displaying bias in the hearing before them or for some other reason is not objective. One should look at the decision of Justice Paull of the Ontario Court of Justice in CAS Oxford v. EMT, a 2019 decision. […]
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