Krista Clendenning J.D., T.E.P. EIA disability trusts are a creature of the Manitoba Employment and Income Assistance (EIA) disability program. This type of trust is unique to Manitoba. Persons with severe and prolonged disabilities that are receiving support under the new Disability Support Act, a transition which began in January of 2023, may also set up an EIA disability trust. … Read More

The State of Unconscionable Procurement in British Columbia By John E. S. Poyser Sandwell v. Sayers 2022 CarswellBC 979, 2022 BCSC 605 (B.C.S.C) recently commented on the prospective place of “unconscionable procurement” in the law of British Columbia: “I have real doubt about the place of the doctrine of unreasonable procurement in British Columbia law” [para 61].  This blog comments … Read More

“What is Old is New” Attacking Gift Transactions in Mantioba — Unconsconcionable Procurement Good Law Stoppel v. Loesner, 1974 CarswellMan 141, 47 D.L.R. (3d) 317 (Man. Q.B.) (“Stoppel”) was decided in Manitoba by Hamilton J. in 1974.  It is an older case, but now effectively new again – dealing with the doctrine of unconscionable procurement that appears to be re-emerging … Read More

Is Unconscionable Procurement Properly Part of the Law in Ontario? The Ontario Court of Appeal made obiter comments about the recently re-emerging doctrine of unconscionable procurement in Gefen Estate v. Gefen, 2022 CarswellOnt 2348, 2022 ONCA 174.  The doctrine had been deployed in a trial decision with both parties taking the position that it applied.  Neither had objected.  It was … Read More

Helping a Will-Maker Keep Secrets from Spouse Profitt v. Birt and Birt & McNeill Barristers and Solicitors, 2021 CarswellPEI 78, 2021 PESC 48 (P.E.I. S.C.) is an example of a lawyer successfully defending herself in a negligence action. The wife in this case took her dying husband to a lawyer, intending to get things set up the way she wanted.  … Read More

Virtual Meetings with Wills Lawyers Lawyers are regularly interviewing clients on Zoom and other web-based platforms. Beyond interviewing and taking instructions from clients, changes to Manitoba law have enabled wills lawyers to witness wills and other estate planning documents virtually. This option was not available pre-pandemic. With videoconferencing becoming more and more common, lawyers need to consider the additional challenges … Read More

Sometimes when administering an estate an executor or administrator will discover the testator had an old unpaid debt. One of the obligations of a personal representative is to pay the debts of the estate. What happens if one of those debts is so old that it is statute-barred by limitation of actions legislation? Does the executor have an obligation to … Read More

Helpful Ways to Ease Your Executor’s Burden Comparatively speaking, we in North America don’t deal with the concept of death all that well. We don’t like to think about it, much less talk about it with those we are closest to. So, when will-makers have the opportunity to set out a roadmap for their Executors to follow, unfortunately they often … Read More

 Holographic Wills – The penny wise, pound foolish approach to estate planning.                 As a Wills and Estates lawyer, I’m often asked to give presentations on Wills and other estate planning documents. I’m always pleased at the opportunity, because it allows me to share crucial information, dispel myths, and answer common but imperative questions about Wills in general. I always … Read More

A Henson trust has been a long-time staple in estate planning in Manitoba. It allows for a fund to be established by a family member containing any sum of money, whether large or small, in a trust which will not be held against the beneficiary in terms of social assistance eligibility. The trustee of the trust can make outlays of … Read More