The one question that estate planning lawyers receive from clients and prospective clients most often is, “Why do I need a Will?”  While this is a complex question, there are many compelling reasons why everyone should have a Will. Estate planning is a crucial aspect of financial and personal planning…

The Canadian federal government has proposed a significant change to the capital gain inclusion rate, impacting individuals, businesses, and trusts. This proposed change, included in the Federal budget, suggests an increase in the inclusion rate from 50% to 67% for individuals earning more than $250,000 in capital gains annually, as…

In recent years, the concept of shared home ownership has gained traction across Ontario as an innovative solution to the challenges of the real estate market. Across Canada, 6% of homeowners co-own a property with someone other than their spouse. This ownership model offers individuals the opportunity to co-own property,…

In the case of Simmermon v. Djoudad et al., Kelly Santini’s Danesh Rana successfully assisted his clients in getting the court to strike opposing expert reports from the record. The court ruled that the evidence presented by the opposing expert was highly prejudicial, as the expert had been granted access…

The recent court decision in the case of CanDeal Group Inc. v. Capservco Limited (2024 ONSC 1315) underscores the enduring relevance of the principle of caveat emptor, or “buyer beware,” in real estate transactions. This principle essentially means that the responsibility for discovering any issues with a property lies with…

The County of Carleton Law Association (CCLA) has announced that Sean Bawden is the new President of the Board of Trustees. An employment law partner at Kelly Santini, Sean brings a wealth of experience to the role, having previously served as vice president and secretary of the CCLA. He first…

What is Title Insurance? Title insurance is a type of insurance policy that protects property owners and lenders from losses associated with title issues and other covered risks that exist at the time of your purchase but are unknown to you at that time. Title insurance allows purchasers to insure…

Baker v. Blue Cross Life Insurance Company of Canada, 2023 ONCA 842 Insurers will want to take note that the ONCA recently upheld an award of $1.5 million in punitive damages and $ 40,000 for aggravated damages for the misconduct of the long-term disability insurer of the plaintiff. The jury…