Justin de Vries

Total 51 Posts

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Justin has been consistently named as one of the Best Lawyers in Canada/Trusts & Estates. He is an accomplished litigator who has appeared before all levels of the Ontario Court & the Federal Court of Canada. Justin's areas of expertise include: estate, trust, and capacity litigation, as well as probate applications and estate administration. He regularly speaks on estate, trust and capacity issues. Email: jdevries@devrieslitigation.com

Ethics and Lawyers

Starting October 1, 2014, the Ontario Rules of Professional Conduct (ROPC) are being updated with a number of new rules, the first big change since 2000.  While many of the changes will likely be of interest to practitioners, there are a number of new rules that are intended to more clearly set out the relationship between clients and lawyers and to protect the public interest. I have highlighted seven new rules….

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Estate Planning

Be Careful What You Wish For – You Just Might Waive Solicitor-Client Privilege

Today’s blog is written by Gillian Fournie, an associate at de VRIES LITIGATION. The recent Ontario Superior Court decision of Lamoureux v Lamoureux illustrates the care with which clients and counsel must take when submitting evidence to court. Without proper forethought, a party may unintentionally waive solicitor-client privilege. André Lamoureux brought an action against Charles Lamoureux in 2007 (unfortunately, the recent decision does not explain what the originating action was….

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Estate Planning

What’s My Share?

Gail Evans died intestate on July 30, 1992.  She was survived by her two sons from a first marriage, Richard and Donald, and by her second husband, Carlton.  Carlton was the administrator (i.e. estate trustee) of Gail’s estate.  The parties agreed Carlton was entitled to a preferential share of $75,000 and one third of the residue of Gail’s property.  Richard and Donald were also each entitled to one third of….

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Estate Planning

Ontario Court of Appeal Considers When is a Gift Not a Gift

In McNamee v. McNamee, the Court of Appeal reviewed the essential ingredients of a legally valid gift. The issue on appeal was whether 500 common shares in the family business, which had been transferred to Mr. McNamee Jr. constituted a gift for the purposes of s. 4(2) of the Family Law Act.

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Estate Litigation, Succession Planning, Wills
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