Gillian Fournie

Total 72 Posts

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Gillian is a lawyer with de VRIES LITIGATION LLP. Her practice focuses on the area of trusts and estates litigation. More of Gillian's blogs can be found at https://devrieslitigation.com/author/gfournie/

Insurance Policies, Separation Agreements, and Death

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The process of separating from one’s spouse is never easy. Beyond the emotional toll, assets must be divided and it may be necessary to make plans for ongoing spousal and child support. Even after a settlement has been reached, death can derail the best laid plans. Such was the case in Dagg v Cameron (Estate), 2015 ONSC 6134. Stephen Cameron died in 2013 of cancer. He was residing with Evangeline….

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Dependant Support, Estate Litigation

Mandatory Mediation – A Binding Success

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In 1999, a pilot program was implemented in Toronto requiring mandatory mediation for all estates, trusts, and substitute decisions matters.  In 2002, mandatory mediation was expanded to Windsor and Ottawa.  The pilot program was considered a success and mandatory mediation has been enshrined in rule 75.1 of the Rules of Civil Procedure (see the Ministry of the Attorney General’s Fact Sheet on the Mandatory Mediation program). Even in other Ontario….

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Estate Planning, Home-Right, International

Constructive Trusts and Tracing Funds

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The recent Ontario Superior Court case of Moody v Hirsh explores the issue of when a plaintiff is able to trace the money he or she paid to a defendant into the defendant’s own property. The decision demonstrates that the circumstances in which a court will make an order imposing a constructive trust over the defendant’s property before the resolution of the claim are limited. The trustees of the Moody….

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Estate Planning

Testamentary Custody

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I was recently asked how parents can ensure that the guardian of their choice takes custody of their minor child or children in the event that both parents die simultaneously. In Ontario, parents (or any other person with custody of the child) can nominate someone to assume custody of their child immediately following their death, but the ultimate determination of custody is reserved to the court. Section 61 of the….

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Estate Planning

Foreign Executors Must Be Careful to Follow the Rules

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A recent decision of Justice D. M. Brown, Re Estate of Albert Applegath III, provides an overview of the necessary steps a foreign executor must take to have her authority recognized in Ontario. Albert Applegath III died a resident of New Mexico. His will appointed his wife, Clavis, as executor of his estate. After applying to the New Mexico district court, Clavis was granted “Letters Testamentary” appointing her as the….

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Estate Litigation, Fiduciary Professions, Home-Left, Home-Right, International
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