Joanna Lindenberg

Total 48 Posts

Joanna is an experienced estates, trusts, and capacity litigator at de VRIES LITIGATION LLP. Joanna obtained her law degree from the Shulich School of Law at Dalhousie University after completing a Bachelor of Arts degree at McGill University. Following her call to the Ontario Bar in June 2011, Joanna obtained a Masters of Law at the University of California Los Angeles (UCLA), specializing in international and comparative law. Joanna's current practice focuses on, in part, will challenges, dependant’s support, capacity, and power of attorney disputes. More of Joanna's blogs can be found at https://devrieslitigation.com/author/jlindenberg/

But We Had a Deal – Overview of the Law on Motions to Enforce a Settlement

• • 0 Comments

Generally, many of the estate litigation cases we see settle before the hearing of the application or before the matter proceeds to trial. However, quite often, minutes of settlement are not executed at the time an agreement is reached. Indeed, cases are sometimes resolved late in the evening or there is an agreement in principle or signed settlement terms, with a formal agreement to follow. While parties may be able….

But We Had a Deal – Overview of the Law on Motions to Enforce a Settlement Continue Reading »

Contracts, Estate Litigation, Family Conflict, Uncategorized

Does an Adult Child have an Obligation to Support their Parent?

• • 0 Comments

*This blog was researched and authored by Jonathon Vander Zee, who is an articling student with de VRIES LITIGATION LLP.  There are many different kinds of support that can be sought as relief in a legal proceeding, such as child support, spousal support, and dependant’s support. These types of support are frequently litigated and can often be the central issue in a family or estate dispute. One of the lesser….

Does an Adult Child have an Obligation to Support their Parent? Continue Reading »

Courts, Dependant Support, Estate Litigation, Family Conflict, Uncategorized

Father Time: A Limitation Period Refresher

• • 0 Comments

As the holiday season is upon us and the new year approaches, many of us are thinking about time. For those in the litigation world, time, and more specifically, limitation periods, should always be top of mind. This blog serves as a refresher for some of the limitation periods that apply to different estate-related issues. Basic Limitation Period It is well known that generally, a proceeding shall not be commenced….

Father Time: A Limitation Period Refresher Continue Reading »

Contested wills, Courts, Dependant Support, Estate Litigation, Limitation periods, Uncategorized, Wills

The Cost of Costs

• • 0 Comments

The matter of the payment of a party’s legal fees at the end of a hard fought court battle can hold up or impact upon settlement. Indeed, oftentimes, the issue of the costs of litigation becomes a subject in and of itself to be argued over in court. Generally, the courts prefer not to adjudicate on costs, particularly when the fight about who should bear the legal fees and in….

The Cost of Costs Continue Reading »

Costs

Costs in Capacity Litigation

• • 0 Comments

The question of who will bear the costs of a proceeding at the end of the day is often hotly debated, but the matter may be more complex in cases where the litigation concerns the guardianship of, or issues relating to, an incapable individual. The court in Fiacco v. Lombardi (“Fiacco”) makes clear that “The exercise of the court’s discretion in respect of cost claims in capacity litigation should reflect….

Costs in Capacity Litigation Continue Reading »

Capacity Law, Costs, Estate Litigation, Family Conflict, Guardianship

The SDA and Parens Patriae Jurisdiction

• • 0 Comments

Power of attorney and guardianship disputes are fairly common in the estate litigation world. Oftentimes, siblings proceed to court as a result of allegations of financial abuse or a failure to look after the health and care of an incapable parent, in accordance with what is required of an attorney for property and/or personal care. Families therefore fight over who should be appointed by the court as the incapable person’s….

The SDA and Parens Patriae Jurisdiction Continue Reading »

Capacity Law, Elder Care, Elder Management, Estate Litigation, Family Conflict, Geriatric Care Management, Guardianship, Power of Attorney, Powers Of Attorney and Guardianship Disputes
Scroll to Top