Can a Dependant Support Claim Be an Abuse of Process?

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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

Is it fair and reasonable to expect executor compensation?

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Today’s blog was written by Douglas Buchmayer, partner with the Ottawa office of Gowling WLG (Canada) LLP.  Executor compensation can be a challenging and sometimes uncomfortable topic to address with clients when preparing their wills. If the will does not mention compensation, the default rule under section 61 of the Trustee Act (Ontario) is that a trustee (which includes an executor) is entitled to fair and reasonable compensation for their….

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Compensation, Estate Administration

Beware the Long Con Scams Directed at Older People

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an iceberg in black water

Recently in the news, you may have read about an older couple in Brantford, Ontario, who were scammed out of more than $ 1 million over 5 months. And another incident in Victoria, where a man was scammed out of his life savings of almost $ 1.7 million over 6 months. How does this happen, and what can advisors and families do to address the fraud epidemic? Fraud losses in….

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Elder Management, Smart Ageing

Estate Planning Horror Stories: Tales from the Legal Crypt

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Today’s blog was written by Jessica Butler, Law Clerk at Fasken LLP. Halloween is all about chills and thrills, but nothing sends a shiver down my spine quite like a botched estate plan. These stories aren’t just for a fright; they’re a reminder that a little planning now can save your family from a real nightmare later.   The Phantom Beneficiary Harold thought he had his estate sorted out by….

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Estate Planning, Executors, Wills

Valuing Digital Assets: Lessons from the Counter Strike Market Crash

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Scotiatrust

This blog post was written by: Dave Madan, Senior Manager, Scotiatrust Digital assets have become an increasingly common topic in estate planning. What once seemed like a niche hobby has turned into a meaningful part of some clients’ financial picture. From cryptocurrency to NFTs and even online gaming inventories, these assets can hold real world value, sometimes in the millions. Yet recent events in the gaming world have shown just….

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Estate Planning, valuation

McNeill v. Phillips: Moral Obligations Don’t Create Legal Duties

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A recent decision of the Ontario Superior Court serves as a reminder that a moral obligation does not necessarily translate into a legal one. In McNeill v. Phillips, 2025 ONSC 5779, the Court struck a claim that sought to impose a duty of care where none existed in law. The plaintiff, the biological daughter of the deceased, brought a negligence claim against her mother’s spouse, who was not her biological….

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