Diane Vieira

Total 58 Posts

 Website

Diane has practiced in the area of estate, trust and capacity litigation since she was called to the Ontario Bar in 2006. Diane obtained her law degree from Queen’s University after completing an Honours Bachelor of Arts degree from the University of Toronto. She received the Certificate in Elder Law from Osgoode Hall Law School. She is a member of the Ontario Bar Association and the Toronto Lawyers Association. Diane has chaired various continuing legal education programs regarding estate, trust and capacity matters. She can be reached at dvieira@devrieslitigation.com More of Diane's blogs can be found at https://devrieslitigation.com/author/dvieira/

Who Can Be a Litigation Guardian?

• • 0 Comments

A recent decision by Master Kaufman examines whether a person with a personal interest in the legal proceedings can act as a litigation guardian for a party under a disability. In Shady Saleh v. Mohammed Salehe, the plaintiff, Shady, was his mother’s power of attorney for property. He sought to be appointed his mother’s litigation guardian.  Shady alleged that his brother, Mohammed, used a false power of attorney document to….

Who Can Be a Litigation Guardian? Continue Reading »

Guardianship, Powers Of Attorney and Guardianship Disputes

Trustees Ordered to Pay Costs Personally

• • 0 Comments

In a recent court decision, the court declined to order costs payable from a modest estate and instead ordered the two parties (both trustees) to pay costs personally. A testamentary trustee, Mr. Cardinal, brought an application to compel estate trustee, Mrs. Perreault, to pass her accounts in her capacity as an estate trustee and power of attorney for the late Mr. Beaulieu.  However, while Mrs. Perreault consented to bring her….

Trustees Ordered to Pay Costs Personally Continue Reading »

Passing Of Trustees’ and Executors’ Accounts

Estate Trustee Removed for Conflict of Interest

• • 0 Comments

A recent New Brunswick case provides a thoughtful analysis on the removal of estate trustees (referred to as Estate Administrators in New Brunswick). In his will, the testator had named his sister as his estate trustee.  The beneficiaries of his estate were his two children and his brother, Yves.  However, the deceased’s ex-wife, Theresa, objected to the appointment of the estate trustee and the estate trustee renounced before probate was….

Estate Trustee Removed for Conflict of Interest Continue Reading »

Estate Administration

Divisional Court Sets Aside Decision Ordering a Passing of Accounts

• • 0 Comments

In Foisey v. Green, the Divisional Court allowed an appeal of the application judge’s decision that set aside a release signed by a beneficiary who was later deemed incapable of managing property. I previously wrote about the earlier  decision that was under appeal. The appellant, Ms. Green, was an estate trustee who administered her brother’s estate.  One of the beneficiaries of the estate was her estranged sister, Ms. Foisey. Ms…..

Divisional Court Sets Aside Decision Ordering a Passing of Accounts Continue Reading »

Elder Law, Estate Administration, Estate Litigation

In Whose Best Interests? Estate Planning for Artists

• • 0 Comments

A recent case involving the estate of Canadian artist and figure skating legend, Toller Cranston (“Toller”), highlights the importance of estate planning for artists.  Administering posthumous intellectual property can be complex and without guidance from the testator, disputes will often arise between trustees and the estate’s beneficiaries due to competing interests. Toller died in 2015 while living in Mexico.  He left no will. Toller was a prolific artist and his….

In Whose Best Interests? Estate Planning for Artists Continue Reading »

Estate Planning, Executors, Wills
Scroll to Top