Some Thoughts to Consider… When Seeking the Approval of the Children’s Lawyer

I recently read an article composed by the former Children’s Lawyer for Ontario, Debra Stephens, named Minor Settlements: How to Ensure Court Approval.  I found this article to be particularly helpful as the article speaks to the role of The Children’s Lawyer in litigious matters and explains the common issues that arise during settlements involving minors.

Fundamentally, it is important to understand the role of The Children’s Lawyer with respect to their involvement in settlements concerning minors, which Ms. Stephens describes as: “The Children’s Lawyer is not a party to the proceeding and is not in an adversarial role with any of the parties.  Rather, The Children’s Lawyer acts as an advisor to the court, making recommendations to assist the judge in determining whether to approve the proposed settlement”.

 In her article, Ms. Stephens talks about a few issues that commonly arise during settlements involving minors.  One of those issues that Ms. Stephens touches on is legal fees.  Ms. Stephens states that legal fees are an important factor in determining whether to approve a settlement on behalf of a minor.  Factors that are relied on when considering the reasonableness of a solicitor’s account are set out in the Court of Appeal decision Cohen v. Kealey and Blaney and include: 

1. time spent; 
2. legal complexity; 
3. degree of responsibility assumed by the lawyers; 
4. monetary value of the matter in issue; 
5. the importance of the matters to the client; 
6. degree of skill of the lawyers, results achieved; 
7. ability of the client to pay; and 
8. expectation of the client with respect to the fee. 

Also, another factor not mentioned in the case above is ensuring that access to justice is obtained for parties under a disability.  I found Ms. Stephens’ article to be particularly useful in my practice and I would certainly recommend it to any practitioner who ordinarily runs into issues involving The Children’s Lawyer. 

Thank you for reading,

Rick Bickhram

Planning for the Disposition of our Reward Points

With the various loyalty programs that are available today, many individuals have accumulated a significant quantum of frequent flyer points or other reward points.  These points can have significant value. 

In an article published by Forbes, Janet Novack, it considers the various ways that a person can pass on their air miles or other loyalty program points to their heirs.   In her article, she quotes Texas Tech Law Professor Gerry Beyer as saying, “the best approach is to start giving away miles you’ll never use, if the program permits such lifetime gifts.”   For instance, there are millions of people who don’t travel anymore for various reasons, the most common reason being that they have now become disabled. Under these circumstances, they should start transferring their miles now.   There are reward programs, including Southwest Airlines’ Rapid Rewards, that allows a person to use their rewards to purchase a ticket, which can be used by anyone.   This is an amazing incentive for the aging parent who could buy tickets for his her or her kids or grandkids to come visit.

 If you’re still enjoying your rewards you should look into the terms of the reward program to determine whether or not you can add another person to your account.  This would allow a secondary user to utilize your accumulated points after you have passed on.

 If your reward program prohibits another person from being added to your account, you should nevertheless have a list of all your reward programs, passwords and user names. Although adding a secondary user to your account may be prohibited, certain programs (i.e. Southwest Airlines’ Rapid Rewards and Best Buy’s Reward Zone) allows another person to log-on to your account and redeem your points after death.  This is important  information for your executor.

Each reward program has its own rules concerning whether the accumulated points can be transferred during a person’s lifetime or whether they can be specifically given away on death.  To avoid any disputes, concerning who is to receive the points and to avoid the necessity of any valuation of the points in the event that the points are not specifically disposed of, it’s important for estate planners, when talking with client’s to canvass whether the testator has reward points, and to determine the best method by which these points can be passed on.

Thank you for reading and until Wednesday,

Rick Bickhram