Appeals Archives - Page 3 of 3

The Deceased’s Knowledge of Parentage is a Factor in Dependant’s Relief Claims

Karen Watters • July 26, 2023 • 0 Comments

Many of us know that a court can make an order for the adequate and proper support of a deceased’s dependants where the deceased has not done so. Part V of the Succession Law Reform Act, RRO 1190, c. S. 26 (“SLRA”) identifies the persons who could be considered a dependant of the deceased. Included in the list is a child of the deceased, and the expanded definition of child….

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Appeals, Dependant Support

Gefen Estate v. Gefen

Joanna Lindenberg • May 17, 2023 • 0 Comments

The Ontario Court of Appeal (“ONCA”) decision in Gefen Estate v. Gefen is an interesting read which provides insight into a variety of topics including mutual wills and mutual will agreements, secret trusts, the doctrine of unconscionable procurement, and more! By way of background, Elias and Henia Gefen were married for 65 years. They were Holocaust survivors who came to Canada in 1951. They had three sons: Harvey, Harry, and….

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Appeals, Capacity Law, Estate Administration, Estate Litigation, Family Conflict, Joint Tenancy, Power of Attorney, Real Estate, Testamentary Capacity, Uncategorized, Undue influence, Wills

What Happens When One Joint Owner is in Debt?

Gillian Fournie • May 10, 2023 • 0 Comments

While the right of survivorship is often thought of as the defining characteristic of joint tenancy, joint tenancy is also defined by “four unities.” Justice Perell succinctly defined the “four unities” in Royal & SunAlliance Insurance Company v Muir, 2011 ONSC 2273: A joint tenancy is distinguished by what are known as four unities: (1) unity of title, the co-owners take under the same instrument; (2) unity of interest, the….

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Appeals, Family Conflict, Joint Tenancy, Property, Real Estate, Spouse

Don’t be Vexed Over Security for Costs of an Appeal

Gillian Fournie • March 15, 2023 • 0 Comments

Security for costs is designed to ensure that a defendant to an action or a respondent to an application does not have to incur the expense of a fulsome defence without the possibility of recovering a portion of her costs against the plaintiff/applicant…..

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Appeals, Contested wills, Costs, Estate Litigation

When Will a Court Reconsider Its Decision?

Gillian Fournie • February 8, 2023 • 0 Comments

Judges cannot reconsider their decision – once an order is issued, the judge’s job (and jurisdiction to hear further arguments) is done. In very limited cases, a party may ask the court to reconsider after the decision is released but before a formal order is taken out. However, the test to meet is high…..

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Appeals, Capacity Law, Contested wills, Courts, Estate Administration, Estate Administration and Probate Applications, Estate Litigation, Family Conflict, Wills