Rebecca Studin

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Rebecca Studin was called to the Bar in 2009. Before joining de VRIES LITIGATION LLP, Rebecca practised estates and commercial litigation at a full-service international law firm in Toronto. Rebecca’s estates experience includes will interpretation applications, will rectification applications, solicitor’s negligence actions, and other estates and trusts matters. Rebecca obtained her law degree from Osgoode Hall Law School after earning her honours bachelor of arts degree from Glendon College, York University. Following her call to the Bar, Rebecca was selected as a Fox Scholar and spent a year training as a barrister at the Middle Temple, Inns of Court, in London, UK. More of Rebecca's blogs can be found at https://devrieslitigation.com/author/rstudin/

Security for Costs on Appeal: A Cautionary Tale

On October 20, 2025, a single judge of the Court of Appeal for Ontario made an Order requiring an appellant to post security for costs of her appeal in the amount of $50,000. On March 5, 2026, the appellant brought a motion under s.7(5) of the Court of Justice Act, asking a panel of the Court of Appeal to set aside the order for security for costs. The motion was dismissed, with Reasons for….

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Appeals

Can an Ontario Codicil Amend a Quebec Will?

This issue was recently considered by the Court in Re Pregent Estate, 2025 ONSC 7208 (CanLII). Roberta Anne Pregent died on February 8, 2024 in Kingston, Ontario. She left a last will and testament dated April 12, 1973, executed in Quebec, where she resided at the time. The will attached a handwritten “amendment” dated February 10, 1998, “to reflect the present situation”, signed in Ontario. Ms. Pregent’s daughter applied to….

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Can a Dependant Support Claim Be an Abuse of Process?

In the recent decision of Sabarros v. Morrell, 2025 ONSC 6122 (CanLII), the Court considered whether the dependant support claim by the adult child to whom the deceased never provided support could be dismissed as frivolous, vexatious and an abuse of process. Facts: Karen Sabarros commenced two proceedings against the estate of her late father: a claim for dependant’s relief under section 58 of the Succession Law Reform Act (“SLRA”)….

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Estate Litigation

What is the “Entire File”?

In Yurkiw Estate (Re), 2025 BCSC 1026 (CanLII), the Supreme Court of British Columbia clarified the scope of an estate trustee’s file that must be disclosed to beneficiaries. On November 21, 2024, the court ordered Heritage Trust, the estate trustee of the estate of David Thomas George Yurkiw, to produce its “entire file” to one of the beneficiaries of the estate, except for “any documents over which solicitor client privilege can….

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A Fiduciary Must Always Account

In the recent decision of The Estate of Joan R. McAteer, deceased, 2025 ONSC 1197, the Court outlined an attorney for property’s fiduciary obligations to account to the beneficiaries of the incapable person’s estate upon their death. When John Joseph McAteer died, attorneys for property managed the assets of his incapacitated wife, Joan McAteer, until her death. Following Joan’s death, their son, also called John McAteer, brought an application to….

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To Trust or Not to Trust?

This blog was written by Ruth Paul, student-at-law The recent decision in May v. Alsousi et al., 2025 ONSC 795 (CanLII) reiterates that when establishing a trust, attention should be paid to the legal requirements of that particular trust, as failure to do so risks denying a beneficiary access to the trust. Qasem Mahmud (the “Deceased”) died in June 2017 without a Will. In September 1988, the Deceased signed a….

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