Diane Vieira

Total 59 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/

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

Whose Land Is It Anyways? Friends of Toronto Public Cemeteries v. Mount Pleasant Group of Cemeteries

• • 0 Comments

In a recent decision that pitted a Toronto citizens’ group against cemetery operators, Justice Dunphy found that the cemeteries were publically owned, required public oversight, and were operating beyond the terms of the trust that govern the cemeteries. In 1826, a group sought to buy land to create a non-denominational cemetery to meet the needs of the growing city of York. They petitioned the Legislative Council of Upper Canada and….

Whose Land Is It Anyways? Friends of Toronto Public Cemeteries v. Mount Pleasant Group of Cemeteries Continue Reading »

Trusts

Summary Judgment and Limitation Periods in the Context of Estate Litigation

• • 0 Comments

Today’s blog was co-written by Ronald Neal. In Sinclair v Harris, Justice Nakatsuru granted summary judgment on the basis that the claims advanced on behalf of the estate were statute-barred. The deceased passed away in November 2015.  The Plaintiffs are the estate trustees appointed in the deceased’s will (the “Estate Trustees”).  Five years before her death, the deceased advanced approximately $137,333 to her friends (the “Defendants”) so that the Defendants could purchase a….

Summary Judgment and Limitation Periods in the Context of Estate Litigation Continue Reading »

Estate Administration, Estate Litigation, Joint Tenancy, Loans, Resulting Trust, Uncategorized

Allsorts of Potential Problems with Joint Bank Accounts

• • 1 Comment

This blog was written by Ronald Neal, student-at-law at de VRIES LITIGATION LLP. What happens to the money in a joint bank account when one of the joint account owners passes away? Do the funds pass to the surviving joint owner outside of the estate, or do the funds form part of the deceased joint owner’s estate? The Ontario Superior Court of Justice considered these questions in its recent decision….

Allsorts of Potential Problems with Joint Bank Accounts Continue Reading »

Estate Planning, Wills

More than a Suspicion: The Minimal Evidentiary Threshold

• • 0 Comments

A recent Ontario decision, Martin v. Martin [1], considered the minimal evidentiary threshold required to obtain documentary discovery in a will challenge as set out in Seepa v. Seepa.  For further background on Seepa, read Rebecca Studin’s previous blog post on that decision. In Martin, the Applicant (the named Estate Trustee) sought an order removing the Notice of Objection of the Respondent, his sister, to his appointment as Estate Trustee….

More than a Suspicion: The Minimal Evidentiary Threshold Continue Reading »

Estate Litigation, Testamentary Capacity, Wills

Court Set Asides a Release and Orders a Passing of Accounts

• • 0 Comments

An estate trustee may decide to forego passing their accounts because of the associated costs and seek a release from the estate’s beneficiaries instead. However, when the capacity of a beneficiary is in question, a  release may be set aside. In Foisey v. Green, the Public Guardian and Trustee (“PGT”) as litigation guardian for Ms. Foisey sought to set aside a release she signed three months before she was found….

Court Set Asides a Release and Orders a Passing of Accounts Continue Reading »

Capacity Law, Estate Administration, Estate Litigation, Passing Of Trustees’ and Executors’ Accounts
Scroll to Top