Contempt and Custodial Sentences

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A storm approaches. The vista of mountains and a man standing upon a mountain that the storm has not yet reached.

On the de VRIES LITIGATION LLP website, I previously blogged about orders for contempt and the nuances associated with seeking and obtaining this declaratory relief. This blog will take the discussion a step further and look at what penalties may be imposed upon a contemnor; in particular, the discussion will centre upon the penalty of jail time or a custodial sentence (these terms will be used interchangeably) for civil contempt…..

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Courts, Estate Litigation, Executors, Fiduciary Professions, Liability, Trustee

The Smart Ageing Resolution: Have the Garden Conversation

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Happy New Year! The holidays provided an opportunity to catch up on various articles on a wide range of topics, including smart ageing. One of the most informative was a new report from the CSA Public Policy Centre on demographic changes in Canada’s aging population and policy implications for 2024.[1] The report takes a holistic view of complex interwoven factors, such as social, economic, and healthcare resources, which must be….

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Elder Management, Estate Planning, Smart Ageing

When a Parent Asks You to Be Their Executor

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Today’s blog has been guest written by Musa Mansuar, Articling Student at Fasken LLP It’s a profound moment when a parent asks you to be the executor of their estate. For many, it’s a conversation that carries both honour and gravity. On one hand, being chosen signals immense trust and confidence; on the other, it signifies a weighty responsibility. Executors play a vital role in ensuring a loved one’s final….

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Estate Administration, Estate Administration and Probate Applications, Executors, Family Conflict, Grief, Trustee, Wills

Right of Survivorship or Severance of a Joint Tenancy… Which One Prevails? – Part 2!

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Just over one year ago, I blogged about Jackson v. Rosenberg, 2023 ONSC 4403, a case that shed light on the relationship between severance of a joint tenancy and the subsequent effect on a gifted right of survivorship. As it turns out, the application judge’s decision was appealed, with the Court of Appeal releasing its decision in December 2024. The Application Judge’s Decision For a more detailed explanation of the….

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Because Lawyers Die Too: The Need for Mandatory Contingency Planning

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Death will affect every one of us, ultimately. Incapacity may impact us. The inevitability of death and the possibility of incapacity makes planning essential. Failure to plan is planning to fail. This inevitability is behind recent Law Society of Ontario (“LSO”) By-law amendments that require lawyers in private practice to develop and maintain a client contingency plan for preserving, carrying on or winding up their professional businesses. The requirement comes….

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Estate Planning, Executors, Interest

Disinheritance of Separated Spouses Takes Full Effect

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Today’s blog post was written by Latoya Brown, Associate at Fasken LLP. As the year draws to a close, it’s a natural time for reflection and planning. Many will be reviewing the past year, evaluating their goals and making new ones for the new year. In the realm of estates, it’s an ideal time to review your estate plan to ensure it is up to date as well as note….

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Estate Administration, Estate Planning, Family Conflict, Separation, Wills
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