While the general rule of thumb for the maximum reasonable notice that a court will award to a terminated employee hovered around 24 months. Regardless of the length of service or other factors, the line in the sand for maximum reasonable notice has slowly eroded over the past few years, particularly in Ontario Courts. This…
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It is a common misconception that when a person dies, that person’s family inherits his or her debt. Beneficiaries are relieved to hear that this is not the case; generally speaking, you do not “inherit” debt unless you previously accepted responsibility for it. What Happens To Debt When a Person Dies? The answer to this…
Read MoreIt is sad but true: disagreements between family members can and often do arise. They typically fester, simmering just beneath the surface, for years. All it takes is the right trigger to make them rise to the surface with vigor. As an estate lawyer, I’ve seen it time and again and a family member getting…
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Dementia attacks the ability of the mind to make sense of everyday events. It can strip us of our normal common-sense that would normally allow us to pick out individuals that are seeking to take something from us. Family members unfortunately are placed in a position of opportunity to take advantage of persons with dementia.…
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What is a Power of Attorney/Enduring Power of Attorney? A Power of Attorney (“POA”) is a document signed by a person (the “Adult”) appointing another person (the “Attorney”) to manage the Adult’s property and finances. Pursuant to the Land Title Act (BC), a POA must be witnessed by a lawyer or notary in order for…
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Family breakdown is no picnic, but it becomes even more complicated when spouses have ties outside of the province that result in properties being owned in more than one jurisdiction or one spouse wanting to move with children outside of BC on separation. The national, and international draw of Kelowna make these questions more and…
Read MoreShould you use Joint Ownership to Avoid Probate Fees? The probate process is a court application seeking an order from the Supreme Court of B.C. which confirms the legality of your Will, recognizes the executor in your Will as the person legally responsible to administer your estate, and requires the executor to administer and distribute…
Read MoreJoint ownership is regularly used as an estate planning tool, because on your death, joint property transfers to the surviving joint owner automatically on your death with little or no delay, effort and expense. A capital asset, such as land, a bank account or an investment account, can be owned jointly with another person.…
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