Knowledge and Approval To establish testamentary capacity, the testator must have both knowledge and approval of the contents of his or her will. Approval suggests voluntariness. However, it is possible to have capacity that is not subject to undue influence, and yet still be unaware of...
I was interested to learn recently that the word “idiot” comes from the Greek word “idios,” meaning “private world.” Why would it be an insult to say that someone is stuck in his own private world? Because refusing to open up one’s mind to others...
The Elisabeth Bruyère Hospital’s complex palliative care facility has come under scrutiny in the Ottawa Citizen recently. The subtext seems to be that the Bruyère is a publicly funded institution, so it should permit medical assistance in dying (MAID) and related consultations on its premises...
A debate has erupted across Canadian society about due process in the era of #MeToo. Is there a way forward that preserves both the dignity of victims and the rights of the accused? Perhaps we can draw on the ethics of truth and reconciliation. The burden...
The new reality of palliative care in which we are living reminds me of the following tale. There once was a frail elderly man who lived with his son, daughter-in-law and four-year-old grandson. One day, the son became impatient with his elderly father, because in his...
In order to claim spousal support from a former common law spouse, you must satisfy the courts that you and your former spouse qualified as spouses under the law. For couples who are not married, section 29 of the Family Law Act (FLA) defines spouses as...
Did you know that marriage revokes a pre-existing Will? In other words, if you sign a Will today that gives everything to your common law spouse, and you get married to her tomorrow, your Will is revoked on the day you got married. But, you...
Many clients are unaware how their marital status plays an important part in determining their rights once their relationship ends. To shed some light on this topic, we must establish that there are two types of relationships that engender financial consequences for both spouses: the...
McDonald’s has been getting some bad press lately. Protesters in Chicago expressed their displeasure with the company’s wages and working conditions on Tuesday May 23, 2017. On the same day here in Ottawa, a woman was awarded $100,000.00 in damages by the Ontario Court of...
On December 10, 2016, amendments to the Ontario Business Corporations Act came into effect that will require all corporations incorporated in Ontario to comply with new onerous record-keeping requirements with respect to ownership interests in real property in Ontario....
This is a continuation of our series examining a different part of a Will signed in the Province of Ontario in order to share basic practical knowledge of this important legal document, which can save you taxes and create a social safety net for your...
We will be starting a series where we explain a different part of a Will signed in the Province of Ontario in order to share basic practical knowledge of this important legal document, which can save you taxes...
According to early reports, the late Senator Zimmer may owe the Canadian Senate roughly $176,000.00. Auditor General Michael Ferguson determined in 2015 that Senator Zimmer had inappropriately claimed $176,012 in expenses. If one thing is clear from the trial of Senator Mike Duffy, it...
The Ontario Court of Appeal made a decision on June 10, 2016 that has important legal implications and a significant lesson for all Ontarians. They concern the relationship between lawyers and their clients, and between the executors of estates, also called estate trustees, and third...
Many want to donate their organs for therapeutic purposes, i.e. for organ donation, while others wish to donate their remains for scientific research, or both. You should let the executor of your Will be aware of your wish to donate your organs, and for what purpose....