“Risky Business”-The Retirement Conundrum

“Risky Business”-The Retirement Conundrum

For those contemplating retirement or for those, like myself who are in the early stages of “Freedom 55”, there are some interesting and compelling questions or concerns, which need to be addressed.

For those contemplating retirement, the first obvious question is, “How much money do I need to retire”?   READ ON

Child and Elder Care and the Duty of an Employer to Accommodate

With the ever increasing costs of child care and after school care, many families with a working mother are faced with the annual dilemma after calculating the “net “benefit, having taken these expenses into account, of justifying her continued employment.  In addition, (particularly, for the single “mom”) after making the decision to work, they are then presented with ever increasing family duties and expectations, logistical issues and unreasonable expectations or demands by the employer, when their “family” obligations interfere or conflict with their employment duties.

By now most employers should be aware that both federal and provincial human rights legislation prohibits discrimination in the workplace on grounds of race, religion, sex and age. Many employers are however unaware that the legislation also prohibits discrimination based upon a person’s family status, which includes childcare obligations.

The issue also arises occasionally with respect to elder care. As our parents’ age and as there is a tendency for them to live longer, their personal requirements and medical needs increase and it often falls on their adult children to address these concerns. Most often these issues are unscheduled and take the employee suddenly away from the workplace, which may create conflict with the employer.

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Testamentary Capacity: Take Some Positive Steps Before it is Too Late

The Story of Martha and Henry

In Alberta, the Wills and Succession Act R.S.A. came into effect on February 1st 2012 replacing the Wills Act, Intestate Succession Act, Survivorship Act and Section 47 of the Trustee Act. It is now the primary statute in Alberta that deals with wills, intestacy, survivorship, dependent support, beneficiary designations and other succession issues.

 

Section 13 of the Act states the following:

 

  • An individual who is 18 years of age or older may make, alter or revoke a will if the individual has the mental capacity to do so.

 

“Mental capacity” is not defined in the Act but has universally been accepted as the penultimate consideration in determining whether or not a person has the ability to make a will or whether or not a given will is indeed valid. This is referred to among legal circles as “testamentary capacity”.

 

There is no standardized test for determining testamentary capacity and although it is suggested that lawyers are trained to assess mental capacity for the purpose of taking will instructions and before having someone sign a new will, my own experience would suggest that such “training” is limited and more imaginary than real. Clearly, most lawyers understand the necessity to assess the client’s ability to give will instructions but putting this into practice can be tricky and is more of an art than a science. READ ON

 

The Lawyers Medlicott

 

I have always had a keen interest in genealogy and over time have researched and endeavored to document my own family history (Anhorn/McIvor), for what purpose I am not exactly sure. I find it very interesting, often exhilarating as you make a new discovery but it is also frustrating as you track numerous dead ends in the quest to document one’s family history. A recent discovery caused me to start yet another project, which I had thought about for some time but one for which I could never find the time, and that was to document the family history of my wife’s family[Joan Elaine Medlicott] and my inherited family/surname MEDLICOTT. As a result I have written several articles which have been posted on personal homepage-William J Anhorn QC-http://wjanhorn.ca

 

As a retired “barrister and solicitor”, one of the interesting discoveries in my research was the fact that many of the Medlicott ancestors attended schools of higher learning including such renown institutions as Oxford and Cambridge and became doctors and lawyers or followed similar occupations[1]. One of the intriguing revelations was the number of Medlicott descendants from the earliest of times in England to the present who have been called to the “Bar” and the many of them who in turn, dedicated themselves to what has been described by one notable politician as one of the noblest of professions. “Public service, when it’s done honorably and it’s done well, is the noblest of professions.”[2]

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[1] Medlicott, Henry Edmondstone see  http://www.fam.medlicott.uk.com

[2] Ed Koch, former Mayor of New York, “The late Ed Koch, beloved former mayor of New York City, was an immensely quotable politician, delivering brash bon mots as only a Bronx-born New Yorker could. But the words printed underneath his portrait at his memorial service best sum up Koch’s legacy: “Public service, when it’s done honorably and it’s done well, is the noblest of professions.”

“Over the Moon”: The Case of Edmund Joseph “Moon” Marcino vs The Estate of Victoria Kolewaski

 

Roy Kolewaski was born on December 9th, 1926 in Thornhild, AB, the son of John and Julie Kolewaski. He passed away on June 20th 1983 in Guernsey in the Channel Islands. At the time of his death, Roy resided at Alta Vista Rue des Mont Delancey, St. Sampson, Guernsey, Channel Islands and his will was probated in London, England on October 4th , 1983 (file no 84511153208).

He came from a large family of 5 brothers (Joe, Mike, Steve and Victor) and 3 sisters (Mary, Sophie and Helen). He married Victoria Vanderloh in Calgary, Alberta on April 20th, 1950.

 

Victoria Vanderloh was born on January 11th, 1930. She grew up on the family homestead near Munster, Saskatchewan and later lived on the family farm near Craven, Saskatchewan. The family later moved to Maple Creek, Saskatchewan where she finished high school.

The wedding picture of Roy and Victoria Kolewaski

She died tragically in a motor vehicle outside Calgary, Alberta on June 1, 1984 at the age 54. She was buried in Maple Creek, Saskatchewan.

How did a farm kid from Thornhild, AB, a small village or hamlet 90 kilometers north of Edmonton, end up as a self-made “millionaire” living in Guernsey, one of the Channel Islands off the coast of France?

What were the circumstances surrounding the tragic death of Victoria Kolewaski and what was her life story? Why did someone with colorful name of Edmund Joseph “Moon” Marcino end up suing the Estate of Victoria Kolewaski for millions of dollars? How did two young lawyers starting out in their careers become involved in the case, one of whom later became a household name in Canadian politics? Who was Jenny Fairweather and what was her critical involvement in the case? What was the role of a prominent British politician by the name of Jon Kay-Mouat?

This all seems like a script for a Hollywood movie, but in reality it’s one of the most fascinating and interesting cases that I was involved in, over the course of my 35 year career, as a lawyer in Medicine Hat, Alberta and a story that I feel compelled to share. But let’s start at the beginning….READ ON by clicking this link https://drive.google.com/file/d/1L1pva4xLxSCy6VASF7dVoWePJXIM502p/view?usp=sharing

 

A Turkish Delight

A Turkish Delight

I have always enjoyed writing and story telling, as many of my friends will attest. I have written a number of articles lately, having completely retired and have posted some on my personal homepage William J Anhorn QC. My venture into genealogy has resulted in some interesting results, not the least of which is establishing a family connection to royalty, all of which I have documented on the website.

My own life experience has also resulted in some interesting and at times amusing stories and antidotes, which for no other specific reason or purpose, I have decided to document for posterity. The first article along this line is entitled, “Find the Time and Have the Courage to Change and Develop a Plan for the Future”. It is in retrospect, an amusing story regarding my own “life-altering event”, but with a not so subtle message.

Now I know what you are thinking, “since golf season is over he has far too much time on his hands”. But I considerate it therapeutic, a form of occupational therapy!

Here is another story, which you will hopefully find of interest. Read on

The Canadian Visitor to the The United States of America Revisited

 

As a frequent visitor to the United States, it is not uncommon when visiting with fellow Canadian snowbirds down south, for the topic to arise (particularly at “Happy Hour “) about the rules relating to our extended visit to the United States and the potential pitfalls for failure to comply with these so-called “rules”. More often than not, one hears about someone’s misadventure in dealing with the American border patrol authorities and the “things” that should be done in order to preserve one’s right to re-enter the U.S. and to avoid having to pay American taxes. The advice at times appears conflicting and to say the least, confusing. This is my effort to bring some clarity to the situation.READ ON

 

 

 

Find The Time and The Courage to Change and Develop A Plan for the Future

Many motivational speakers often recite an life altering event or a personal circumstance or tragedy which defined their life and which motivated them to do what they do, which is to spread what they believe is an important message to others. Although I am not inclined to become a motivational speaker and travel the world to enrich people’s lives with my thoughts, my own “life-altering event”, I think is worth sharing and hopefully it can be an inspiration to others to find the time and have the courage to change and to develop a plan for the future, as I did.READ ON

Effective Board Governance and the Role Of Committees

Effective Board Governance and the Role of Committees

 

The structure of a Board and the planning of the Board’s work are key elements to effective governance. Establishing committees is perceived to be one way of better managing the work of the Board, thereby strengthening and enhancing the Board’s governance role.

Historically, it has been common practice for Boards, using a traditional governance model, to strike various standing committees to deal with major functional areas of the organization.  Each Board committee would work closely with the management team or staff member responsible for this functional area. They would work together in addressing issues, solving problems, developing internal policies and establishing plans to monitor performance and compliance within each functional area.

For example, it was commonplace for a Board to establish a human resource or staffing committee, who would work with the HR manager to develop HR policies including hiring, conduct, discipline, compensation and performance. It was expected that the work of the committee would “filter” up to the Board and from time to time the Board would be asked to approve some high level policies. For the most part, however, the establishment of work related policies was left to the committee to approve and for management to implement and the work of the committee was largely unseen by the board, except for approving perfunctory minutes from the committee meetings and receiving a brief verbal report from the chair of the committee at the Board meeting.READ ON

 

 

Isaac? Of Pulverbatch, Salop-Another Genealogical Mystery Solved!

The amateur genealogist searching the Medlicott family tree will find a treasure trove of information on the website created by Phil Medlicott found at www.fam.medlicott.uk.com

One of the most interesting and useful tools on any enquiry is the “ARMS” pedigree found on the website, which was one of the earliest recorded efforts to document the Medlicott family.(see below)

I have referenced this family tree on many occasions, as I have endeavored to catalogue the ancestors of my wife, Joan Elaine Medlicott. I have written several articles which I have posted on my own personal website wjanhorn.ca and as a result have had several enquiries from overseas regarding their own connection to our branch of the Medlicott family. It is of some interest to note in reviewing the “ARMS” pedigree that standing out almost alone in the third line is reference to “Isaac? Of Pulverbatch Salop”. In response to a recent enquiry regarding the ancestors of a current Shropshire resident (John David William Chilton) and his relationship to this branch of the Medlicott family, I have had occasion to research this incongruity, which has taken me on another genealogical adventure.

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