Rebecca Studin

Total 48 Posts

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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/

Can a Revoked Will Be Revived by a Holograph? 

In Estate of Harold Franklin Campbell (Re), 2023 ONSC 4315, the Court considered whether the new, curative provision under s.21.1(1) of the Succession Law Reform Act  (“SLRA”) was available to revive a Will revoked by a subsequent marriage. Facts:  Harold Franklin Campbell died on June 11, 2020. He was survived by his two children of his first marriage, Christopher and Lisa, and his second wife, Carol. Following the death of his….

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The Will Speaks from Death

A Will Speaks from Death In VanSickle Estate v. VanSickle, 2022 ONCA 643, the Court of Appeal for Ontario considered the presumption that a Will is to be interpreted as if it had been written immediately prior to the death of the testator. Background  Dorothy VanSickle died in 2019 at the age of 95. She was survived by six children.  Dorothy and her husband had worked as school custodians, and….

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Appeals

Pass Your Accounts, Or Risk Jail Time

In the Estate of Nordby, 2023 ONSC 821, an executor was committed to prison for contempt of court for breaching a court order to pass accounts. Facts:  Jennifer Lynn Nordby died on January 23, 2013. Her Will appointed her father, Harold Nordby, as estate trustee and named her two children, one of whom was a minor, as beneficiaries. Mr. Norby obtained probate on October 30, 2013. The value of the….

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Can Information from the Internet Be Used As Evidence in Court? 

In J.N. v. C.G., 2023 ONCA 77, the Court of Appeal for Ontario considered whether information from the internet was admissible in Court and reliable as expert evidence. Facts:  The appellant father and respondent mother were married for almost seven years before separating. They had three children. The oldest child lived with the father while the younger two, ages 10 and 12, lived with the mother. The only issue the parties….

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Mental Illness and Medical Assistance in Dying: Changes to the Law Coming Soon

This blog was written by Christopher Cook, student-at-law. Medical assistance in dying (“MAiD”) is yet in its infancy in Canada. It was only in 2015 that the Supreme Court of Canada struck down as unconstitutional the Criminal Code’s prohibition on physician-assisted suicide. The following year, the Parliament of Canada amended the Criminal Code to permit MAiD for those suffering from grievous and irremediable physical or physiological medical conditions. On March….

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