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Login to watch this video if you have a subscription. Learn more about subscriptions.The Interplay Between Banks and Power of Attorney Documents
Nicole Ewing explores how financial institutions interpret power of attorney documents, noting that legal validity does not guarantee immediate acceptance by banks. She outlines practical barriers such as internal compliance policies, privacy rules, advisor licensing, and interjurisdictional inconsistencies, and encourages legal professionals to manage client expectations when preparing these documents.
Case Comment on Foreign Divorce and Intestate Succession: Sonia v. Ratan, 2024 ONCA 152
Ariel Fried discusses how a recent Ontario Court of Appeal decision clarifies the recognition of foreign divorces in Canada and their impact on estate planning. Ariel highlights the risks associated with unverified international divorces, especially in intestacy situations, and stresses the importance of due diligence when reviewing marital status and separation timelines in estate matters.
Jointing Assets: Is it Still That Simple?
Douglas Buchmayer examines common assumptions around joint asset ownership for estate planning, particularly the use of joint tenancy to avoid probate. He explains potential legal and tax complications, including resulting trusts, loss of tax exemptions, and new trust reporting rules, and advises that careful documentation is key.
Will Drafting in French
Katrina Anders delivers a brief presentation in French, supported by English slides, highlighting the value of offering bilingual will-drafting services. Her talk serves as a reminder of the importance of accessibility and clarity for francophone clients in estate planning.
Estate Related Matters that are Different between Ontario and Quebec
Joseph Gorman outlines key estate planning differences between Ontario and Quebec, including wills, probate, and powers of attorney. He notes that Quebec’s civil law system lacks joint tenancy and requires specific steps to validate out-of-province documents, often making dual planning necessary for cross-border clients.
Katrina graduated with an honour's degree in Political Science from the University of Ottawa in 1996. She later completed an advanced degree in International Relations from the Institut d’Études Politiques in Aix-en-Provence, France, in 2000 and an M.B.A. at the École Supérieure de Gestion in Paris, France, in 2002. She subsequently worked as an Investor Relations Manager for Standard & Poor’s in Paris. Katrina returned to Canada in 2003 to attend the Common Law (French Program) at the University of Ottawa. During her studies, she was a member of the University of Ottawa’s team at the René Cassin Litigation Competition on Human Rights held at the European Court of Human Rights in Strasbourg, France. She was the Editor-in-Chief of the Ottawa Law Review.
Douglas Buchmayer is a partner in the Ottawa office of Gowling WLG, whose practice concentrates primarily in the areas of estate planning, estate litigation and estate administration. Douglas has chaired and spoken at various continuing legal education seminars over the years and has appeared on radio and television to discuss estate planning issues. A past Bar Admission Course instructor at the Law Society of Upper Canada for the Estate Practice section and current Solicitor Examination Tutor, Douglas has also lectured in the area of estate administration at the University of Ottawa for law clerks and lectured at the Faculty of Law, University of Ottawa, in trust law. Douglas is the general counsel for the Nunavut Trust, a past president of the Ottawa Estate Planning Council, and is a member of the Society of Trust and Estate Practitioners (S.T.E.P.). Douglas is a member of the East Region Solicitors Conference Planning Committee.
Nicole practiced tax, trust, estate, and business law in leading national and boutique firms in Toronto and Ottawa, was In-House Legal Counsel for the trust company of a major Canadian financial institution, worked directly with clients and their advisors as the Vice-president, Tax, Estate and Business Succession for Ontario North and East at TD Wealth, and led the Strategic Advice and Guidance, Client Needs Research team at a multi-national wealth management firm before becoming the founding Principal of the Wealth Planning Office at TD Wealth. She holds an honours degree from Western University and earned her law degree from Osgoode Hall Law School prior to being called to the Ontario Bar in 2005. She is a TEP designation holder and has served on the National Board of Directors for STEP Canada and is current Chair of the STEP Canada National Awards Committee. Nicole is a CLU designation holder and recipient of Advocis award for CLU studies, has completed all three levels of CPA Canada InDepth Tax, and has been recognized as Volunteer of the Year (STEP Ottawa), Mentor of the Year (Western University), and Gold Medalist (Western University). She has been featured extensively in the media providing Wealth Planning insights and analysis for outlets such as BNN Bloomberg, CTV News, the Financial Post, and the Globe and Mail.
Ariel was called to the Ontario bar in 2019, starting off in Criminal Defence in Toronto. Coinciding with his move home to Ottawa, he switched fields in 2020 to practice Wills and Estates and Real Estate. He has been with Mann Lawyers since 2023 and enjoys being involved in the Ottawa legal community.
Mtre Joseph Gorman, LL.L., LL.M., obtained his degree in civil law and his Master of Laws, with a specialization in notarial law, from the University of Ottawa in 2009 and 2010, respectively. He then joined Gagné Isabelle Patry Laflamme & Associés, where he did his internship and started his practice in real estate law. Originally from Maniwaki, this notary is the designated professional to help you. Mtre Gorman practices mainly in the area of real estate law and also prepares wills and estates. He became a partner of the firm in April 2017. Always happy to be involved in the community, Mtre Gorman is currently a member of the board of directors of the Cégep Heritage College Foundation, which he attended as a student. Member of La Chambre des notaires du Québec since 2011.
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