Smith & Werker


AREAS OF PRACTICE

Wills
Trusts
Estate Planning
Powers of Attorney for the Management of Property
Powers of Attorney for Personal Care
Estate Administration
Estate Trustee During Litigation
Dispute Resolution Related to Estates, Trusts, Powers of Attorney and Mental Capacity




CURRICULUM VITAES FOR LAWYERS

John Osgoode Smith, LL.B., M.B.A., LL.M.
Barrister and Solicitor

John Osgoode Smith practises estates and trusts law: wills, trusts and powers of attorney; estate administration, advising trustees and acting as estate trustee during litigation.

John is certified by The Law Society of Upper Canada as a Specialist in Estates and Trusts Law.

With over 20 years in the private practice of law and 2 years as in-house legal counsel with a large financial institution, John has depth and breadth of experience in trusts, estates, corporate-commercial and real estate law.

John has prepared countless wills and administered several hundred estates, prepared inter vivos trusts, and acted on numerous business and real estate sales purchases and financings, commercial leases, corporate reorganizations (including estate freezes, capital gains crystallizations and post mortem corporate reorganizations), and family law matters related to estate planning and administration.

Significant corporate and real estate law issues as well as family law and taxation are frequently encountered in estate planning and in estate administration. John’s wide-ranging knowledge and experience is a tremendous asset in his estates and trusts practice.

  • 2008 CICA (Canadian Institute of Chartered Accountants) course - Advanced Tax Issues for Owner-Managed Businesses
  • 2008 LL.M., Osgoode Hall Law School
  • 1984 M.B.A., Richard Ivey School of Business at The University of Western Ontario
  • 1982 Called to the Ontario Bar
  • 1980 LL.B., University of Toronto

  • John is a member of the Law Society of Upper Canada and the Canadian Bar Association.



    Anne Werker, B.A., M.A., LL.B.
    Barrister and Solicitor

    Anne Werker is certified by the Law Society of Upper Canada as a Specialist in Estates and Trusts Law. Anne's practice and experience covers an extensive range of estate and trust issues, including planning, administration, and some dispute resolution. She has provided advice to parents, children, spouses, trust companies, government agencies, accountants and lawyers related to the duties of an executor, trustee or substitute decision maker; and the entitlements of beneficiaries.

    Anne has published several academic articles, written educational materials for the Canadian Bankers Association, and has made numerous presentations on estate and trust law issues to colleagues and client groups, including:

  • "Discharge of a Trustee by Deed of Release and the Function of a Seal" (2013), 41 Advocates Quarterly 451
  • "Recent Developments in Limitations Law" presented at the Six-Minute Estates Lawyer Program, Law Society of Upper Canada (April 2009)
  • "Grants of Administration for Property in Ontario Owned by Persons Living and Dying Elsewhere" presented at the Six-Minute Estates Lawyer Program, Law Society of Upper Canada (April 2008)
  • "The Limits and Limitations to a Beneficiary's Recourse Before and After Judgment Passing Accounts" presented at Emerging Trends in Estates and Trusts: What Does the Future Hold? Canadian Bar Association (April 2008)
  • "Limitation Periods in Ontario and Claims by Beneficiaries" (2008), 34 Advocates Quarterly 1
  • "The Percentage Trust: Uniting the Objectives of the Life Tenant and Remainder person in Total Return Investing by Trustees" (2006), 25 Estates, Trusts & Pensions Journal 329
  • "Death, Taxes and Registered Education Savings Plans," published in issue no. 112 of the Estate Planner (May 2004)
  • "Non-Insurance RRSPs -- Uses and Misuses of Beneficiary Designations," presented at the Sixth Annual Estates and Trusts Forum (November 2003)

    Anne was called to the Bar in 1993. She has an LL.B. from Osgoode Hall Law School; a B.A. from the University of Toronto; and an M.A. from Queen's University. She is a member of the Society of Trust and Estate Practitioners.