The short answer seems to be no. Donor means the person making and giving the Power of Attorney. Testamentary means – through one will or upon your death. In the Ontario case of Richardson v. New, the court held that a beneficiary designation is the same thing as a testamentary disposition. This was upheld later […]
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Our firm has for years been referring all of our client’s personal injury claims to Mr. Smitiuch in Toronto. Recently the Ontario Court of Appeal confirmed a huge and groundbreaking win by him. By: Rebecca Rosenberg The Ontario Court of Appeal (“ONCA”) shed light on the standard of reviewing damage awards for loss of care, […]
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By: Rebecca Rosenberg An established common law principle (law made by judges) dictates that a separation agreement (a legal contract outlining how a couple will settle issues around their separation) becomes void if the parties reconcile. The idea behind this rule is that it doesn’t make sense to enforce an agreement if the very basis […]
Read MoreCivil Litigation Our former partner, the Honourable Mr. Justice Kurz strikes again Suing in Superior Court when you should be in Small Claims Court is an abuse of process Our former and greatly missed partner, the Honourable Mr. Justice Marvin Kurz of the Ontario Superior Court of Justice continues to make important decisions, which have […]
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By: Rebecca Rosenberg Effective June 1, 2021, the federal government has implemented a higher bar for the mortgage “stress test”. The amended stress test will now be set at either the higher of 5.25 per cent or two full percentage points above the borrower’s current mortgage rate. While the new level is only half a […]
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By: Amanda Dale A recently decided case by the Superior Court of Justice in Ontario makes clear that a child does not need to get along with his/her parent in order to receive child support. In the case of Nicholson v. Nicholson, 2021 ONSC 3588, the court decided that an 18-year-old child was entitled to […]
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Our firm takes great pride in the accomplishments of a former partner, now the Honourable Justice Mr. Marvin Kurz of the Ontario Superior Court of Justice. Marvin as he will be eternally known to us rendered a decision in the Dowdall case in November 2020. The fact situation was one in which the wife after […]
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At the outset of every estate, we warn our client/executors to investigate the home insurance status of the property formerly occupied by the deceased. Sometimes the deceased will have been the last person living in the home and it is now vacant. It is crucial that the executors in writing advise the insurers of the […]
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Amongst the elderly and vulnerable there is a serious problem known as predatory marriages. The common scenario is that an elderly widow or widower marries someone generally much younger while not really understanding what or why they are doing it. The motivation of the predatory spouse is that when the elderly spouse dies, often with […]
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Effective February 12, 2021, the laws with respect to “small” estates have changed dramatically. The law is so new that while it is effective February 12, 2021, it has only recently been enacted. This is part of the Accelerating Access to Justice Act. This is done by amendments to the Rules of Civil Procedure, specifically […]
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