Just over one year ago, I blogged about Jackson v. Rosenberg, 2023 ONSC 4403, a case that shed light on the relationship between severance of a joint tenancy and the subsequent effect on a gifted right of survivorship. As it turns out, the application judge’s decision was appealed, with the…
Jonathon Vander Zee
Jonathon Vander Zee is a lawyer with de VRIES LITIGATION LLP.
Today’s post was written by guest blogger, Melissa Miller, Partner at Howie, Sacks & Henry LLP. Ask anyone whether admission to a nursing home is part of their retirement plan and they will likely say, “I’ll never go to one of those places”, or something worse. As we all know,…
In estate litigation, especially in cases where the litigation has been prolonged for an extended period of time and the file has accumulated hours upon hours of manpower, costs can be (and often are) a contentious issue between the parties. There are a few different ways in which costs may…
*This blog post was written by Ruth Paul, articling student at de VRIES LITIGATION LLP* With over 80% of Canadian households subscribing to at least one streaming service, internet-based streaming platforms are becoming the preferred way to consume video media. The variety of content and the on-demand nature of streaming…
When an Order is granted on consent in a proceeding, it is inherent that all of the parties have agreed to the Order, hence the obvious use of the word “consent”. Nevertheless, and however improbable it may seem, it is possible to appeal a Consent Order. The applicant in Behrisch…
In the recent case of Sassano v. Iozzo, 2024 ONSC 1517, the Court reviewed the applicable legal principles regarding passing over an estate trustee, and found that in the circumstances of the case, it was appropriate to pass over one of the named co-estate trustees. In this case, the applicant…
The Court in Gadula v Leroux, 2016 ONSC 6990 provided quite an interesting discussion regarding the entitlement of costs for all parties involved in a guardianship application and from where the costs were to be taken from. The issue of costs is unsurprisingly common in estate litigation and in litigation…
In Gilbert v. Girouard, 2023 ONSC 4445, a brother and sister brought a challenge to their father’s wills. The siblings alleged that their third sibling, who was named as estate trustee, exerted undue influence over their father. They also alleged that their father lacked testamentary capacity at the time of…