Lawsuits against real estate agents may be based on a number of different claims. Such claims may include allegations of misrepresentation, negligence, lack of disclosure, secret profits, conflict of interest, etc. As such, it’s important for both the real estate agent and the client to understand what the law expects of real estate agents.
How does the decision in the Supreme Court of Canada (SCC) in Carter v. Canada (Attorney General) (“Carter”) impact on the religious Jewish doctor? Will this landmark decision bring into conflict these doctors’ freedom of conscience and religion with their professional obligations? The Carter case sets aside federal criminal laws as they relate to physician assisted suicide. It stands for the proposition that individuals who are suffering unbearably have a constitutional right to a physician-assisted suicide. Canada now joins only eight other countries in the world that have decriminalized physician-assisted suicide in recent years. This is a fundamental change in the law.
As the person managing the administration of the estate, executors are often the most readily available target for disgruntled or disinherited beneficiaries. If the risk is not effectively managed, serving as an executor can entangle you in costly litigation.If you are named as an executor in a will, it is important to consider the implications of acting as an executor before you take any steps to administer an estate. Also, keep in mind that the role of executor becomes complicated when parties dispute which is the valid last will and testament. Such was the case in Dueck.
Sometimes, people in second marriages who make wills balance two loyalties. On the one hand there are the children of the first marriage. On the other hand there is the new spouse. The road often travelled is to provide the spouse with a life interest in the estate assets. But, what does that mean? For example, who should pay the realty taxes or repairs? What about landscaping or utilities? If the intent was to provide the spouse with income to support her is she entitled to give that money away to someone else? Well – that depends on what the will says.
When the time comes to consider estate planning options, there are a variety of different legal mechanisms that you can use to protect your personal and financial interests. One of the most effective ways of ensuring that your wishes are respected if you become infirm or incapable of making decisions is to grant a power of attorney for property or personal care to someone you trust. The only problem is that the future is uncertain and family dynamics change. The person named as your attorney today might not be the best person for the job when it really matters. If the person appointed as your parent’s power of attorney drops the ball, are you stuck with that power of attorney or do you have options?
When children grow up and start families of their own, they remain involved in their parents’ lives to varying degrees. Across Ontario, adult children are faced with choices concerning the care of their elderly parents. Some will elect to live with their parents and provide personal care. When private nursing costs tens of thousands of dollars per year, should the adult child who elects to care for a parent at home be allowed to claim compensation for the care provided? If so, how much compensation is reasonable?
Two people own a bank account in joint tenancy. In the ordinary course, when a joint tenant dies, the surviving joint tenant is entitled to the deceased’s share. Does this situation change because it is an elderly parent and child? Maybe.
Trusts are often used to control children and grandchildren from the grave. Sometimes the will-maker (“Testator”) holds back the money until the beneficiary reaches a certain age. Other times the money is held back until the beneficiary graduates from college or gets married. Many a beneficiary resent the conditions attached to their inheritance and they wonder – can we “bust the trust”? Well the answer is maybe - if you fall into the Saunders v Vautier Rule.
On July 30, 2015, the New Brunswick Court of Appeal heard arguments for the proposed appeal of the trial decision in the McCorkill v. McCorkill Estate (“McCorkill”) matter. The trial decision was unanimously upheld. But, before I explain why, let’s go back to the start of the story.
Security for costs is the payment of money or other security into court by a plaintiff or plaintiff by counterclaim to cover future costs orders made in favour of a successful defendant. Forcing a plaintiff to post security to cover your client’s costs is important for ensuring that your client is not left with an unenforceable costs order after successfully defeating a claim. It is also a useful tool in defending your client against frivolous claims. However, far more than just an effective costs-protection device, a successful security for costs motion can demoralize a plaintiff and even make the plaintiff think twice about continuing to pursue its claim. But when should such a motion be brought?