Appeals

Total 18 Posts

Medical Records and Will Challenges: Know the Limits

• • 0 Comments

In will challenges, it is common for parties to seek disclosure of the testator’s medical records, particularly when there are allegations of undue influence or lack of testamentary capacity. While courts are often inclined to grant requests for medical records, the requests must be justifiable in relation to the litigation. This topic was addressed in the recent decision, Farooque v Korba, 2026 ONSC 3124 (CanLII), discussed below. Background The Deceased….

Medical Records and Will Challenges: Know the Limits Continue Reading »

Appeals, Contested wills, Estate Litigation, Undue influence

Court of Appeal Confirms No Duty Owed by Lawyer to Non-Client

• • 0 Comments

A recent Ontario Court of Appeal decision reinforced a simple but important rule: lawyers generally owe duties only to their clients – not to third parties who may be affected by their work. The case of Stingelin Estate v. Woods, 2026 ONCA 240 arose out of a family dispute over property, wills, and trusts. The case ultimately turned on whether a lawyer could be held liable to someone who was….

Court of Appeal Confirms No Duty Owed by Lawyer to Non-Client Continue Reading »

Appeals

Security for Costs on Appeal: A Cautionary Tale

• • 0 Comments

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….

Security for Costs on Appeal: A Cautionary Tale Continue Reading »

Appeals

When One Clause or Designation Derails an Estate Plan

• • 0 Comments
Scotiatrust

This blog post was written by: Dave Madan, Senior Manager, Scotiatrust Recent decisions from the British Columbia Court of Appeal have underscored how fragile an estate plan can become when a Will is ambiguous, or when life insurance and beneficiary designations conflict with the testator’s broader intentions. These cases remind us that estate planning isn’t just about having a Will, it’s about making sure the pieces are consistent, coherent, and….

When One Clause or Designation Derails an Estate Plan Continue Reading »

Appeals, Contested wills, Courts, Estate Litigation, Insurance, Wills

Limitation Periods and Testamentary Disputes: Lessons from Recent Ontario Case Law

• • 0 Comments

Article Written by: Ashley Thornton, Articling Student at Gowling WLG Recent decisions from the Ontario Superior Court of Justice and the Ontario Court of Appeal have shed light on when limitation periods begin to run in the context of different types of estate litigation. From professional negligence by estate lawyers, to the discoverability of testamentary documents, and the appropriate limitation periods for unjust enrichment claims against an estate, these rulings….

Limitation Periods and Testamentary Disputes: Lessons from Recent Ontario Case Law Continue Reading »

Appeals, Estate Litigation

But WHY??

• • 0 Comments

It can be frustrating when, at the end of lengthy, hard fought litigation with an even longer record a court hands down a short decision less than a page long. The parties will scrutinize the decision, reading each line of the judge’s reasons over and over again. After repeating this exercise a few times they may still come away with the question – but why?? From a policy perspective, reasons….

But WHY?? Continue Reading »

Appeals, Credibility
Scroll to Top