Christopher Cook

*This blog post was written by Ruth Paul, articling student at de VRIES LITIGATION LLP* Testamentary freedom is a guiding principle in Canadian estates law. It operates under the presumption that individuals are free to dispose of their estate however they see fit. However, testamentary freedom is not an absolute right. It is subject to statutory limitations that vary between provinces. In Ontario, these limitations are imposed by the Succession….

In Leith v Eccles, 2024 ONSC 4769, the applicant, Linda, brought a motion to receive an equalization payment from the estate of her late husband, William (the “Estate”). Linda wanted to apply the equalization payment towards the purchase of the matrimonial home she had lived in with William for many years, but which now belonged to the Estate. While Linda was entitled to receive an equalization payment from the Estate,….

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….

Typically, 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….