Diane Vieira

A recent case confirmed that estate trustees representing an estate in litigation must have a lawyer unless the court dispenses with that requirement. In Scarangella v. Oakville Trafalgar Memorial Hospital, Ms. Scarangella commenced a medical negligence action as a claimant under the Family Law Act and as the estate trustee on behalf of her late partner’s estate.  As she was self-represented, she brought a motion seeking leave to act on….

Ontario’s Court of Appeal (“COA”) recently released a decision clarifying the legal requirements for finding a purchase money resulting trust.  The COA upheld the trial judge’s decision and dismissed the appeal on several grounds. The Appellant sought to appeal the trial judge’s finding that his mother’s estate held a 26% beneficial interest in a property his corporation owned.  In 1980, the Appellant purchased a home for $38,500.  He made a….

In Lynk v Bennett Estate, a common law spouse brought an unjust enrichment claim against her late partner’s estate The Deceased, Mr. Bennett, had separated from his wife, Mrs. Bennett in 2004 but never divorced.  He entered into a common law relationship with Ms. Lynk.  They resided together for 15 years until his death. Mr. Bennett died without a will.  Mrs. Bennett applied to administer his estate. At the time….