Generally, many of the estate litigation cases we see settle before the hearing of the application or before the matter proceeds to trial. However, quite often, minutes of settlement are not executed at the time an agreement is reached. Indeed, cases are sometimes resolved late in the evening or there…
There may be instances where a beneficiary has an immediate need to access funds held in trust yet, the terms of the trust prevent the trustees from proceeding with an income or capital distribution to such beneficiary. In such a situation, if the deed of trust grants the right to…
April is Parkinson’s Awareness month. Parkinson’s disease is the second most common neurodegenerative disease after Alzheimer’s that affects the brain and cognitive function. While care management for Alzheimer’s and other dementias often gets more visibility, Parkinson’s disease can be just as complex to manage. With an aging population, the incidence…
This blog has been written by Darren Lund, a partner at Fasken LLP In Ontario, trust law and family law have for some time taken very different approaches to valuing the interest of a beneficiary in a discretionary family trust. For trust lawyers, a beneficiary’s interest in a discretionary family…
Rueben Wells Leonard was an early Canadian tycoon straight out of central casting. He was a pioneering philanthropist whose views created controversy in life and after death. His story is a key part of Canadian philanthropic history, and it contains some relevant lessons for today. The Man Born in 1861…
In the recent case of Sassano v. Iozzo, 2024 ONSC 1517, the Court reviewed the applicable legal principles regarding passing over an estate trustee, and found that in the circumstances of the case, it was appropriate to pass over one of the named co-estate trustees. In this case, the applicant…
Kira Domratchev, Associate Gowling WLG (Canada) LLP The litigators amongst us are no doubt familiar with the fact that matters of public policy affect the decisions of our Courts. Public policy does not tolerate a wrongdoer profiting from their crime. The “Slayer Rule” or the “Criminal Forfeiture Rule” is where…
Today, over half of Canadians own a pet. However, a recent survey shows only 7% of pet owners have made formal arrangements for them. If there is no provision in your estate plans, your beloved pet might not be taken care of in the manner to which they’ve become accustomed.
Earlier this week, our group gathered to celebrate our colleague’s impending arrival of a new baby. It was a delightful occasion, with cake, presents, and well-wishes. Of course, conversation naturally turned to the preparations that our team member has made for her new addition. Parents-to-be typically spend a lot of…
The applicant in Roe v. Roe, 2022 ONSC 5821 (CanLII), was not successful in setting aside his mom’s will on the basis of undue influence and “insane delusions”. He was the only son (of four) who was disinherited in his mom’s will. This was a departure from the mom’s previous…
