Appeals

Total 18 Posts

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

• • 1 Comment

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….

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

Appeals, Spouse, Succession Planning, Tax Issues

All I Want for Christmas is Legal Ownership of My Yorkshire Terrier

• • 4 Comments

Pictured: My beloved dog, Yuki, in her Christmas tree outfit. When thinking about what to write for this week’s blog post, I realized that I have the last Fasken slot before Christmas. This got me thinking: what can I write that’s relevant to the holidays? It then dawned on me that this is the first Christmas that I’ll be spending with my new dog, Yuki. Coincidentally, there have been a….

All I Want for Christmas is Legal Ownership of My Yorkshire Terrier Continue Reading »

Appeals, Costs, Courts, Estate Administration, Estate Litigation, Estate Planning, Family Conflict, Guardianship, In the News, Joint Tenancy, Separation, Spouse, Succession Planning

Limitation Periods and the Real Property Limitations Act

• • 0 Comments

In Gomes v Da Silva, 2024 ONCA 792 (“Gomes”), the Ontario Court of Appeal addressed the importance of bringing a claim for the recovery of real property within the ten-year limitation period set out under section 4 of the Real Property Limitations Act, RSO 1990, c L15 (the “RPLA”). Background In 1974, the Da Silva family purchased a house in Toronto.  At that time, the parents, Mr. and Mrs. Da….

Limitation Periods and the Real Property Limitations Act Continue Reading »

Appeals, Limitation periods

Will Challenges and Limitation Periods: Court of Appeal Weighs In

• • 0 Comments

The question of whether will challenges fall under the standard two-year limitation period has long been a topic of consideration in lower courts[1]. Does the limitation clock start ticking at the date of death, upon discovering the existence of another will, or when there is knowledge of both the existence and content of another will? The Court of Appeal has finally spoken on the issue … well, sort of…..

Will Challenges and Limitation Periods: Court of Appeal Weighs In Continue Reading »

Appeals, Contested wills, Estate Litigation, Executors, Family Conflict, Limitation periods, Wills

Capacity Evaluation – the Role of Corroborative Information at CCB Hearings

• • 0 Comments

In my last blog, I described the Court’s expectation for confirming a finding of incapacity: namely, that compelling evidence is required to override the presumption of capacity. Such evidence may include corroborative information. However, the Court has warned assessors to be alive to the presence of improper motives of informants who seek to have another found to be without mental capacity.[i] The Consent and Capacity Board (the “Board”) in Ontario….

Capacity Evaluation – the Role of Corroborative Information at CCB Hearings Continue Reading »

Appeals, Capacity Law, Credibility, Family Conflict, Guardianship, Healthcare

Declaratory Relief – Not Always Available

• • 0 Comments

Declaratory Relief Defined It is well understood that a court can order a party to do something or order a party to refrain from doing something. Another power of the court is its ability to make declarations. The Court of Appeal for Ontario defined a declaratory judgment in Bryton Capital Corp. GP Ltd. v CIM Bayview Creek Inc., 2023 ONCA 363, as follows: “a formal statement by a court pronouncing….

Declaratory Relief – Not Always Available Continue Reading »

Appeals, Contracts, Courts, Estate Administration, Executors, Fiduciary Professions, Trustee
Scroll to Top