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letters rogatory

Examinations and Document Production from Canadians: A Guide for US Attorneys

Courts in the United States frequently seek assistance from Canadian courts to compel residents to produce evidence, either by way of document production or examinations. These letters of request for judicial assistance, or “letters rogatory”, are statutorily permitted under Canadian federal and provincial legislation. Canadian courts give significant weight to these US judicial requests and will rely heavily on the principle of international comity[1. The Supreme Court of Canada in Morguard Investments Ltd. v. De Savoye, (1990) 3 SCR 1077 defined “international comity” to mean “the recognition which one nation allows within its territory to the legislative, executive or judicial…

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Tax Planning and Estate Law

Tax issues for Canadians Residing in the US

We have written two other case reviews concerning the decision in Rubner v. Bistricer. The first addressed the determination of the validity of a testamentary document while the testator was still alive and the second addressed with whether a letter was sufficient to create a trust. In this blog we are focusing on what appears to have been Brenda Bistricer’s driving motivation in taking certain positions.

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validity of will

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.

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time limitation

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.

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limitation-period

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?

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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…

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