The recent case of Zapata v Zapata, 2024 ONSC 3677 (CanLII) provides a useful refresher on the doctrine of resulting trust. In Zapata, the applicant sought a declaration that she was entitled to the proceeds of sale of a house in Toronto. The house was previously owned by the applicant and her husband as joint tenants. The applicant wanted to sell the house but her husband refused. On the advice….
Resulting Trusts Strike Again! Continue Reading »
UncategorizedIn Ventura v Ventura, 2022 ONSC 6351 (“Ventura”), the Court dealt with a number of issues relating to the duties and obligations of attorneys for property. In Ventura, “A”, “L”, and “E” were appointed as joint attorneys for property and personal care of their mother, “M”. In 2012, M was diagnosed with dementia. Around the same time, A sold his home and moved himself and his family into M’s home…..
Record Keeping as an Attorney for Property Continue Reading »
Attorney Compensation, POA Compensation, Power of Attorney, Powers Of Attorney and Guardianship DisputesAn estate trustee is responsible for distributing the property of the deceased to those who are beneficially entitled to it (either in accordance with the terms of the relevant testamentary instrument or, where there is no such instrument, in accordance with the rules set out in the relevant legislation). What happens when an estate trustee ‘forgets’ to distribute some of the deceased’s property? In Ontario, Section 9 of the Estates….
Automatic Vesting (Lazy Executors Hate This One Simple Trick!) Continue Reading »
Estate Administration, PropertyTypically, estate litigation involves guardianship disputes and fights over a deceased person’s property. In rare instances, however, estate litigation crosses over into the unfamiliar domain of personal injury law. A recent example of this crossover can be found in the case of Campeau-Proulx v Bancroft. The facts in Campeau-Proulx v Bancroft were tragic. On June 15, 2019, two-year old “M.B.” drowned while in the care of her father during an….
Bringing a Tort Claim as an Estate Representative Continue Reading »
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