Appeals

Total 17 Posts

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

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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….

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Appeals

Security for Costs on Appeal: A Cautionary Tale

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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

When One Clause or Designation Derails an Estate Plan

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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….

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

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

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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….

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Appeals, Estate Litigation

But WHY??

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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….

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Appeals, Credibility

To Be or Not to Be a Spouse: A Follow-Up on Enns V The King

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Maddi Thomas, associate, and Donya Ashnaei, articling student, Gowling WLG (Canada) LLP Background I wrote a blog post on Enns v the King, 2023 TCC 28, last year. This case was significant for estate planners, as the ruling extended the Canada Revenue Agency’s (“CRA”) reach under section 160 of the Income Tax Act (the “Act”). A little over a week ago, the Federal Court of Appeal (“FCA”) overturned the TCC’s….

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Appeals, Spouse, Succession Planning, Tax Issues
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