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Errors an Executor Can Make

Written by Jack Rotsztain and Benjamin Gal

Upon the death of an individual, his legal personhood continues in the form of his estate. In the will, the decedent appoints an executor or executors to pay the outstanding debts and expenses, to administer the assets of the estate, and to distribute the remaining assets of the estate to the beneficiaries named under the will. An executor has a number of important responsibilities when administering an estate, and this process can sometimes lead to trouble for the unwary. While this memo is in no way exhaustive, below are five errors executors commonly make in their role 

Do you have a Will? If not, is it because you think Wills are only for old people with sizable bank accounts?

Think again.

Regardless of your age and the extent of your assets, having a Will gives you a say over who your heirs will be, often reduces fighting among your loved ones when you are gone, and can result in more money going to the people you choose. While we would all like to think we will live forever, the reality is that each of us has a time, and none of us knows when it is.

KRMC Successfully Moves for Summary Judgment in Vehicle Conversion Case

KRMC represented the plaintiff, a vehicle financing company, in BMW Financial Services Canada v Mirzai et al, 2018 ONSC 180, a recently reported decision of Justice De Sa. In that case, the plaintiff financed the purchase, by one defendant (the "debtor"), of a vehicle. Shortly after the purchase, the debtor sold the vehicle to the other defendants (the "purchasers").

Medical Malpractice: to complain or to sue?

Written by Rozmin Mediratta

For the sake of (relative) simplicity, this blog post will focus on doctors. Similar questions arise, however, in the context of other regulated health professionals in Ontario, of which there are 26 under the Regulated Health Professions Act ("RHPA").

While both regulatory complaints and civil suits can result from the same event, the processes and outcomes involved in each are distinct, including everything from the names of the parties (plaintiff/defendant in civil suits versus complainant/respondent in regulatory complaints) to the remedies available.

Powers of Attorney - Save Your Loved Ones the Headaches and Heartaches.

In an article for Morningstar, KRMC wills and trusts lawyer Raquel Kaplan Goldberg spoke to journalist Gail Beebee about the importance of planning for incapacity. Goldberg reviewed ways to proactively select future substitute decision makers of one's choosing - including by granting powers of attorney for property and personal care, and setting up alter ego trusts - and explained that a failure to do so could result in third parties making that choice instead, usually with increased costs and reduced flexibility and privacy. 

The complete article can be found here. 

Three Important Changes to the Repair and Storage Liens Act as of July 1, 2016

Written by:  Adam Nathanson

Recently, I provided our clients with a bulletin regarding changes coming into force on July 1, 2016 to Ontario's Repair and Storage Liens Act ("RSLA"). Within the bulletin, I highlighted three important changes as it relates to vehicle financiers. I will post a shortened version of this bulletin as a blog post, and this update can be seen as an elaboration on my recent interview on this subject with the Law Times newspaper