Jacob Kaufman

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Jacob Kaufman is a lawyer with de VRIES LITIGATION LLP. Jacob assists clients with will challenges, dependant support claims, guardianship applications, power of attorney disputes and other estate and trust litigation matters. He has appeared before various levels of court, including the Superior Court of Justice and the Court of Appeal for Ontario. Jacob obtained his law degree from the University of Western Ontario (with distinction) after completing an Honours Bachelor of Arts degree from Queen’s University in history (with distinction). He has written articles for the International Law Office, Legal Alert and the OBA’s Deadbeat. Email: jkaufman@devrieslitigation.com

COVID-19, the Courts and the One Judge Pilot Project

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We must all do our part to help fight the spread of COVID-19, including frequent hand washing and social distancing. As of this Tuesday, the Ontario civil courts (including the estates list) are doing their part by suspending regular operations. In the interim, the court will be hearing urgent and time-sensitive motions and applications where “immediate and significant financial repercussions may result if there is no judicial hearing.” A hearing….

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In the News

Yet Another Family Cottage Feud

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In summertime cottages are the delight of everyone. But that dreamy cottage can turn into an estate litigation nightmare, as one family discovered in Donaldson v. Braybrook, 2020 ONCA 66. Margaret had four children: Wendy, Susan, Thomas and Barry. She allowed them all generous access to her cottage. In fact, Margaret was so committed to providing this access to the cottage that she moved into the apartment over its garage….

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Cottage, Estate Litigation

Winner Doesn’t Take All: Estate Trustee Cannot Indemnify for Costs

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An estate trustee was successful in litigation in upholding the will. However, due to her conduct before and during the litigation the court nevertheless ordered that she personally bear half of her costs in Bayford v. Boese, 2019 ONSC 6919. The estate trustee (a friend of the deceased) sought to uphold the deceased’s will but was challenged by the deceased’s brother (the defendant noted that there were two different versions….

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Estate Litigation

Interim Support and the “Bare Minimum”

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Should a widow have to deplete her meager savings and income before being entitled to interim dependant support from her late husband’s estate? In Anderson v. Anderson, 2019 ONSC 5627 (CanLII), the court’s answer was unsurprisingly “no”. The deceased had been married to his second wife for almost 20 years. Both had children from their previous marriages. Under the deceased’s will, his widow was the estate trustee and could live….

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Dependant Support

Power of Attorney Disputes: Effective Capacity Assessments

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I was honoured to moderate a panel today at the Advocates’ Society’s CPD today “Capable or Not? How to Effectively Litigate and Mediate a Power of Attorney Dispute” (which will be available for purchase online in a couple of months as a webcast archive at TAS’ website). Justices McEwen and Pattillo both spoke and both justices agreed that Justice Penny’s recent decision in Adler v. Gregor, 2019 ONSC 3037 should be….

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Capacity Law, Elder Law, Guardianship, Power of Attorney
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