Noah Haynes

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Noah Haynes is a lawyer at de VRIES LITIGATION LLP. His practice focuses on estates, trusts, guardianship, and capacity disputes.

Legislative Amendments Proposed in Light of Calmusky

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On March 16, 2020, the Superior Court of Ontario released its decision in Calmusky v Calmusky. In Calmusky, the Court applied the presumption of resulting trust to a RIF that was designated to a particular beneficiary. The beneficiary was unable to rebut the presumption, and the Court ordered that funds from the RIF were to be paid to the estate. For a more detailed discussion on Calmusky, see Demetre Vasilounis’….

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Contested wills, Contracts, Estate Administration, Estate Litigation, Estate Planning, Executors, Investments, Joint Tenancy, Resulting Trust, Trusts

Can Section 3 Counsel be Summoned for Examination?

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Successfully summoning counsel of record for examination is typically a difficult task, and a motion to quash will often be brought after a summons is served on counsel for one of the parties. Case law in is clear that, generally, calling a lawyer to give evidence against their client should not be done absent the most exceptional circumstances. At a minimum there must be high materiality and necessity – the….

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Guardianship, Power of Attorney, Powers Of Attorney and Guardianship Disputes, Undue influence

You Can’t Always Get What You Want, But … You Get What You Need

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In Poitras v. Canadian Cancer Society et. al., 2020 ONSC 4935 (CanLII), a  decision on a motion, the Estate Trustee/moving party sought an order setting the terms of a release so an interim distribution could be made. The responding party argued that an interim distribution could not be made until other issues were resolved and sought costs. Neither party was successful. Background Françoise Poitras died on March 6, 2016. Interestingly,….

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Contested wills, Estate Administration, Estate Litigation, Passing Of Trustees’ and Executors’ Accounts

Deleon v DeRanney and the Definition of “child” Under the SLRA

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In Deleon v. DeRanney, the Ontario Superior Court of Justice awarded some dependant support to a non-biological child who was part of the deceased’s unconventional family. As blog readers may be aware, the Succession Law Reform Act (SLRA) does not require that a child be the biological offspring of the deceased in order to receive dependant support – under section 57, the definition of “child” includes “a person whom the….

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

Locating Unknown or Missing Heirs to an Estate

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How should an estate trustee proceed when they cannot identify or locate all of the heirs to an estate? In some cases, a challenge arises where a will does not identify the beneficiaries by name, but by class or some other description. For example, a will may leave the residue of the estate to the testator’s “nieces and nephews” without specifically naming them. Where a deceased died without a will,….

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Contested wills, Courts, Estate Administration, Estate Administration and Probate Applications, Estate Litigation, Executors, Family Conflict

Frivolous Notices of Objection Can be Struck Out

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Counsel faced with responding to frivolous objections to an application for a certificate of appointment of estate trustee may wish to consider rule 25.11 of the Rules of Civil Procedure. Rule 25.11 allows the court to strike out (all or part of) a pleading, without leave to amend, on the ground that the pleading is scandalous, frivolous or vexatious. In Dessisa and Wolde v Demisie the Applicants, Dessisa and Wolde,….

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Contested wills, Costs, Courts, Credibility, Estate Administration, Estate Administration and Probate Applications, Estate Litigation, Executors, Family Conflict, Guardianship, Joint Tenancy, Power of Attorney, Powers Of Attorney and Guardianship Disputes, Separation, Testamentary Capacity, Undue influence, Wills
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