Archive for March, 2015

How to make a group gift like Coach Dean Smith’s

Recent media reports state that Dean Smith, coach of the University of North Carolina Tar Heels basketball team, left a gift of $200 to each former letterman player that he coached. One of the players posted a copy of the letter and cheque on Twitter and it went viral. Occasionally our clients wish to do something similar, for… View this post »

Garner v. Garner – Can you obtain a court ordered visitation schedule with an elderly parent?

Several years ago, the B.C. Court of Appeal, in Temoin v. Martin, 2012 BCCA 250 [Temoin] discussed the application of a time-honoured principle that English and subsequently Canadian courts had established and which became known as the Court’s parens patriae jurisdiction. Historically, the parens patriae doctrine (which literally means “parent of the country”) vested the… View this post »

Young Estate (Re) v. Szabo – Is there sufficient evidence that a gift was intended?

When an individual makes a gratuitous transfer of money or property (other than to a spouse or dependent child), the law presumes that the transfer is not intended as a gift.  Instead, the law presumes that the money or property is held in trust by the recipient.  This concept is called the presumption of a… View this post »