Reading Time: 3 minutes Every adult should have a will and powers of attorney. In this article, we explain the basics of these essential documents, why they are important and specific considerations for farm families. Once a succession plan is in place, it’s vital to update estate planning documents (e.g., wills and powers of attorney) to reflect the plan. […] Read more
Wills and powers of attorney: the basics and why you need them
Legal considerations when transferring farm assets
Every farming operation is different and poses its unique challenges and considerations
Reading Time: 5 minutes The transferring of the land, buildings, equipment and quota that make up the farming operation can be thought of as the “meat and potatoes” of transition planning. Typically, once a plan has been developed for succession, there are assets that need to be transferred from one generation to the next. This can take the form […] Read more
Summer Series: What is an executor?
[Make It Count: Finance 101] What makes you so sure you’ve named the right person to make all those decisions for you when you’re no longer here to make them for yourself?
Reading Time: 4 minutes Simply put, an executor is a person you trust to carry out your wishes as you have designated them in your will, which could include the care of your children, dependants, assets and farm business after you die. Robert Graham, a lawyer who specializes in business and farm succession planning with Smith Valeriote Law Firm […] Read more
Summer Series: What is a cohabitation agreement?
[Change Management] Better ideas on prenups that will protect the farm from broken relationships
Reading Time: 4 minutes Although most of us know them as prenuptial, “prenup” or interspousal agreements, the legal term most often used in Canada is a cohabitation agreement. Within the Canadian legal system, a cohabitation agreement is used to describe a written contract between two people entering a common-law relationship or marriage. Other jurisdictions may use other terms, but […] Read more
Summer Series: What is a legal trust?
[Leadership] A trust may be the right solution for your toughest succession and legacy issues, but proceed with care
Reading Time: 4 minutes There’s only so much time in a busy farm owner’s day. Here’s how can you help your farm manager develop their leadership skills, so you can focus on the big stuff.– April Stewart, CG Associate Editor The easiest way to think of a trust is as a legal relationship between parties — a settlor, trustee […] Read more
So sue me! Farm litigation is on the rise in Canada
Can you survive a legal attack from an angry neighbour?
Reading Time: 8 minutes It used to be a cheeky way of saying “C’mon, get over it.” Somebody might complain that you took the last donut, or that you stepped on their toe. And you’d reply, “So, sue me!” Not anymore. Across farm country, the phrase now is deadly earnest. Farming is no longer the isolated, rural occupation it […] Read more
Estate planning and the legal system: Part I
Guide Legal: What if your wishes collide with public policy?
Reading Time: 3 minutes Parents often use wills to control the lifestyle choices of their children. The courts have long recognized the freedom of an individual to bestow his or her property in a will. However, this freedom is restricted by certain public policy rules that guard against the disposition of property in a manner that is contrary to […] Read more
When the SPCA comes knocking
Understanding your rights and duties
Reading Time: 3 minutes Recent media coverage of alleged abuse at Chilliwack Cattle Sales in B.C. has sparked questions about an owner’s obligations when dealing with animal abuse investigators. What are your rights and responsibilities when an investigator arrives at your doorstep? Inspector powers Animal cruelty is prohibited under the Criminal Code, which applies across Canada. In practice, most […] Read more
Editor’s Desk: Our farm advisers can do better
Many farmers are frustrated by the conflicting advice they get from different channels
Reading Time: 2 minutes There’s no question that much of the progress that farmers have made in the past five years has come from the quality of advice they have received. It’s impossible to weave an accurate statistical story of the progress agriculture has made since the bull market began in 2007, but I’m convinced that most farmers have […] Read more
Abiding by the rules if you need to fire an employee
Guide Legal: It's best to understand not only the law, but its principles
Reading Time: 3 minutes The best “strategic business thinking” requires not only knowing the law, but also understanding the policies behind it. Many readers will have had to terminate an employee. In this article, I discuss the principles behind the rules for termination “without cause,” that is, where an employee has not done anything that merits being fired, but […] Read more
A message from April Stewart, Country Guide's Associate Editor
