Court Empathy for Final Resting Place
From time to time, courts insert fairness and equity principles into their judgements, taking interesting positions that make for stimulating reading to say the least. In Smith v. Cataraqui Cemetery Company, 2013 ONSC 2468 (CanLII), the court seemed to take a moral stand defending a family’s expectation to choose their burial place. Furthermore, the wording […]
Familial Burial Rights
On July 1, 2012, the Funeral, Burial and Cremation Services Act (the Act) came into force governing the day-to-day operations of all cemeteries in Ontario, including the sale and transfer of interment (or burial) rights. The Act states that only an interment rights holder or a person authorized to act on their behalf has the […]
Embalming Controversy
In Ontario, there are two classes of funeral director licences, only one of which authorizes a person to perform embalming procedures. In order to obtain a licence authorizing embalming, an applicant must participate in a period of in-service training, commonly referred to as an internship, at a funeral home. During the internship, an applicant must […]
Reviewing A Sale Agreement Before Signing
Lawyers are most often consulted for closing real estate transactions rather than putting them together. Specifically, the Agreement of Purchase and Sale (“APS”) is most often brought to lawyers already signed and legally binding on both parties. This is particularly true in the residential context. In some situations, the APS is conditional on review by […]
Regulating Real Estate Transactions in Ontario
The Real Estate Council of Ontario (RECO) is a not-for-profit corporation responsible for administering the Real Estate and Business Brokers Act, 2002 (REBBA 2002) and associated regulations on behalf of the provincial government. Protecting the public interest is its primary mandate, along with by enhanced professionalism and an effective and efficient regulatory framework. REBBA 2002 […]
A Real Estate Agent`s Duty to Verify
In our recent post Vendor Disclosure for House Sales, we discussed the role and duty of a vendor with respect to representations made in the course of selling a home. In the case Krawchuk v. Scherbak, 2011 ONCA 352 (CanLII), the Ontario Court of Appeal decided that the vendor owed a duty to the purchasers […]
Vendor Disclosure for House Sales
Purchasing a home can be a daunting task, even in ideal situations. Design, purchase price and transaction costs, mortgage qualifications, closing date, future value, suitability for familial or other needs are just a few of the plethora of considerations. Whether you`re buying new or used, you ultimately want to make a good investment. However, in […]
Reimbursing Estate Trustees for Costs
The long-standing principle that estate trustees are entitled to be indemnified for all reasonably incurred costs was recently reiterated in the case Sawdon Estate v. Sawdon, 2014 ONCA 101 (CanLII). Specifically, the Ontario Court of Appeal confirmed that legal costs, including those incurred for trial, are repayable to the Estate Trustee on the basis of […]
Creating Informal Trusts
Many people assume that the creation of legal obligations must be in writing to be legally enforceable, which is not the case. The potential to create legally enforceable obligations via verbal means has long existed. In the wills and trusts arena, people continue to choose, arguably unwisely, not to put their death wishes and intentions […]
When Can A Court Delete Or Add Words To A Will?
Unfortunately, from time to time, errors are made in making a will, the implications of which leave much uncertainty as to the disposition of an estate. While the interests of beneficiaries and other stakeholders hang in the balance, courts are often asked to determine how a will should be interpreted and what, if anything, should […]