Can you create a trust with an undelivered letter?
In Rubner v. Bistricer, Justice Myers of the Ontario Superior Court of Justice found that a simple letter created from the settlor was sufficient to create a trust.
Reviewing the validity of wills while a testator is still alive
The Rubner case is instructive for those dealing with elder issues, will drafting and the creation of trusts. Accordingly, we decided to write several blogs with a focus on how Justice Myers of the Ontario Superior Court of Justice dealt with these separate issues. This particular blog reviews how and why His Honour went about determining the validity of a will while the testator is still alive.
Is a Notice of Objection to Accounts subject to a limitation period?
There is a world of a difference between a fiduciary’s duty to maintain his accounts and whether a time limit exists for the beneficiary to request an accounting or to object to the accounts presented. In the context of an attorney for property’s obligation to disclose his accounts and produce his records, the regulations impose a duty on the attorney to give a copy of the accounts and records to specific people. Those regulations do not place a time limit on the people entitled to demand production.
The Defence of Set-Off and Limitation Periods
Imagine the following scenario. John and Edward open a shop together in 2009. While running the shop, John steals $1,000 out of the register. Edward finds out and confronts John who apologizes and promises not to do it again. Three years pass, the partnership breaks up and in anger Edward steals pens from the business worth $1,000. John sues Edward for the theft of merchandise. What are Edward’s options?
Why don’t Corporate Trustees have to Post a Bond?
The bond described by s. 35 of the Estates Act is meant to secure the protection of both the beneficiaries and creditors of the estate.
Spending $1 to Recover a Nickel: Are There Cost Consequences?
This case deals with an application where the executors sought advice from the court about a painting that was alleged to be part of the estate.
Gift or Loan? A case review of Greco v. Frano
A recent article in the financial post cited a CIBC Poll of 3,021 randomly selected Canadian Adults, which found that 76% of Canadian parents with a child 18 years or older would give their kids a financial boost to help them move out, get married, or move in with a partner.
Over 200 people expected to attend B’nai Brith CLE
We expect over 200 people for the May 30, 2018 seminar. I wanted to publicly say thank you to our Title Sponsors Scotia Wealth Management and B’nai Brith as well as all our other sponsors. As well, I would be remiss if I forgot to thank all the committee members, presenters and staff at my office and at B’nai Brith who have worked very hard behind the scenes to put this program together. They did a great job with the event as well as its promotion. For those of you who have not yet seen it, you will appreciate the…
How to deal with lawyers who are bullies
We only litigate. In our collective experience, the lawyers at our firm have witnessed a great deal of conduct by lawyers toward other lawyers that falls far short of what the Rules of Professional Conduct require. We have also witnessed individuals representing themselves who appear to feel licensed to insult and verbally abuse opposing counsel and even the court.
Why We Created the Estates and Trusts Group at B’nai Brith
Some 17 years ago I approached Frank Dimant, the then CEO of B’nai Brith with an idea. Wouldn’t it be wonderful if we could be part of the continuing legal education process for accountants and lawyers servicing our community? At that point in time there were few programs around that brought in first-tier professionals at a kosher venue that address both issues of interest from both a Jewish and secular law prospective.