Ruth Paul

Total 5 Posts

Ruth obtained her law degree from Queen’s University. Prior to law school, she completed her Bachelor of Arts (Honours) in Political Science from Western University. During her time at Queen’s University, Ruth volunteered with Queen’s Legal Aid Clinic, Pro Bono Students Canada, and the 519 Trans ID Clinic. She also competed in the 2024 Laskin Moot Court Competition in Calgary, Alberta and won second best factum.

Testamentary Capacity Does Not Require Perfection: Brockbank v Parkinson

Days before the February 2022 Russian invasion in Ukraine, Darcy Brockbank (“Darcy” or the “Estate”, respectively) travelled to Kiev. On February 25, 2022, Darcy died unexpectedly from a heart attack. He was survived by his mother, Josephine Brockbank (“Josephine”), and two brothers: Joel Brockbank (“Joel”) and Stuart Brockbank (“Stuart”). On May 24, 2023, Joel received a certificate of appointment of estate trustee without a will. Approximately one year later, the….

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Capacity Law, Contested wills, Testamentary Capacity

Saying It Doesn’t Make It So: Determining the Nature an Application

A notice of application marks the beginning of estate litigation proceedings. The notice of application provides an overview and outlines the precise relief sought, the grounds to be argued (including any statutory provisions or rules to be relied on) and the evidence to be relied on at the hearing of the application. As the grounds and relief sought in an application are often captured by numerous statutory authorities, a notice….

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Duties to Vulnerable Individuals: Lessons from Lewicki v. Bascus

The recent decision in Lewicki v. Bascus et al., 2025 ONSC 6224 reiterates the duties lawyers and attorneys for property or personal care have to vulnerable persons. Attorneys have a duty to refrain from influencing vulnerable persons with their personal opinions to further their own self-interest. Lawyers have a duty to enforce safeguards when dealing with vulnerable clients to ensure their decisions are independent and rooted in logic. Lionel Bascus….

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Balancing the Indian Act and Formal Will Requirements: Bayliss v. Burnham

The recent decision in Bayliss v. Burnham, 2025 ONSC 5376 provides insight into how estate issues involving the Indian Act (the “Act”) are resolved. Kenneth Ryan Hill (“Kenneth” or the “Estate”) passed away from natural causes on January 18, 2021 in Miami, Florida. Kenneth was a status Indian registered under the Act, a permanent resident of the Six Nations of the Grand River Reserve and a member of the Mohawk….

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Contested wills, Uncategorized

The Finality of Probate: Limits on Subsequent Proceedings

Probate is the process by which the validity of a Will is determined. When executors named in a Will apply for probate, they must establish that The testator satisfied the statutory age requirement to make a Will; The Will followed statutory requirements and had not been revoked; The testator knew and understood the contents; The Will was not affected by mistake; and The testator had testamentary capacity. In probate matters,….

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