Michael Rosen

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Michael Rosen is a lawyer at de VRIES LITIGATION LLP. He practises in the area of estates, trusts and capacity litigation. He is a graduate of York University and the University of Western Ontario’s Faculty of Law. Email: mrosen@devrieslitigation.com

A Failure to Compensate: What is a Quantum Meruit Claim and How Can It Be Proven in Court?

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A claim in quantum meruit is sometimes made in the estates litigation context by a disappointed beneficiary. The words quantum meruit literally mean “as much as deserved.” The claimant argues that he or she deserved compensation from the deceased for work that was done but was not properly compensated for under the deceased’s will. In order to succeed, a plaintiff must establish that the services were not rendered gratuitously and….

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Estate Litigation

Divisional Court agrees life insurance policy part of estate

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The Divisional Court recently released its decision in Dagg v. Cameron Estate (the trial decision was previously discussed on this blog here). In brief, the appellant Anastasia Cameron married the deceased, Stephen Cameron, in 2003. They had two children. Stephen took out a life insurance policy in 2010 and named Anastasia as the beneficiary. The couple separated in 2012. Stephen began a relationship with the respondent Evangeline Dagg. Divorce proceedings….

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Dependant Support, Estate Litigation, Succession Planning

Sale of Ferrari Highlights an Estate Tax Avoidance Method

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The sale of a 1957 Ferrari 335 Sport Scaglietti for 32 million euros (about $35.8 million US, or $50.2 million Canadian) earlier this month set the record for the most expensive car ever sold at an auction, the New York Times reported. It also made waves for what the Times reports as a new method of reducing estate taxes – using selective data to undervalue precious collectibles and vintage cars….

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Estate Administration, Estate Administration and Probate Applications, Estate Planning, Succession Planning

Are unequal bequests in wills becoming more common?

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Research in the United States has consistently shown that the vast majority of parents intend to divide their estates equally among their children (there appears to be far less research on the topic in Canada). Intriguingly, this is in contrast with inter vivos transfers – research has shown that children are less likely to be treated equally by their parents while they are still alive. The theory for this discrepancy is….

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Estate Administration, Estate Litigation, Estate Planning, Family Conflict, Wills

Philadelphia Phillies Co-Owner in Family Feud Over Trust Funds

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With the most successful Toronto Blue Jays season in recent memory now over, another Major League Baseball team was in the news for less fortunate reasons. According to an article in the Philadelphia Inquirer, Philadelphia Phillies co-owner John Middleton is in litigation involving a claim by his sister, Anna Nupson. Both Nupson and Middleton are two of the three children (a third child has remained neutral) of Herbert Middleton, a wealthy….

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Estate Litigation, Family Conflict, Trusts, Undue influence

Can Alzheimer’s Patients Consent to Care Without Speaking?

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The British Columbia Court of Appeal released its decision in Bentley v. Maplewood Seniors Care Society earlier this year. The closely watched case involved a late-stage Alzheimer’s patient who was supposedly consenting to being fed by opening her mouth when a spoon or glass was placed on her lower lip. The case raises difficult questions about the extent to which people with advanced Alzheimer’s can consent to decisions about food at the end….

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Capacity Law, Elder Care, Elder Law, Estate Litigation, Geriatric Care Management, In the News
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