Courts

Total 62 Posts

PROCEED CAREFULLY – FRAUDULENT CONVEYANCES

• • 0 Comments

Kira Domratchev, Associate Gowling WLG (Canada) LLP I recently came across an interesting decision of the Ontario Superior Court of Justice where the Court used the doctrine of a resulting trust to reach an outcome on a series of events that left a creditor unable to collect an outstanding costs award. LPIC v Fiore et al, 2021 ONSC 7860 was a decision in an action by a plaintiff indemnity company….

PROCEED CAREFULLY – FRAUDULENT CONVEYANCES Continue Reading »

Courts, Credibility, Real Estate, Trusts

Does an Adult Child have an Obligation to Support their Parent?

• • 0 Comments

*This blog was researched and authored by Jonathon Vander Zee, who is an articling student with de VRIES LITIGATION LLP.  There are many different kinds of support that can be sought as relief in a legal proceeding, such as child support, spousal support, and dependant’s support. These types of support are frequently litigated and can often be the central issue in a family or estate dispute. One of the lesser….

Does an Adult Child have an Obligation to Support their Parent? Continue Reading »

Courts, Dependant Support, Estate Litigation, Family Conflict, Uncategorized

Contempt of Court

• • 0 Comments

We’ve all heard of contempt of court, a common fixture in many courtroom dramas and law-related TV shows. In reality, civil contempt of court is quite uncommon, arising only on occasion during contentious litigation. In the estates context, contempt of court is most often linked to a party’s refusal to account for, release or transfer funds as directed by the court. For a litigant, it can be very disheartening to….

Contempt of Court Continue Reading »

Courts, Estate Litigation

Father Time: A Limitation Period Refresher

• • 0 Comments

As the holiday season is upon us and the new year approaches, many of us are thinking about time. For those in the litigation world, time, and more specifically, limitation periods, should always be top of mind. This blog serves as a refresher for some of the limitation periods that apply to different estate-related issues. Basic Limitation Period It is well known that generally, a proceeding shall not be commenced….

Father Time: A Limitation Period Refresher Continue Reading »

Contested wills, Courts, Dependant Support, Estate Litigation, Limitation periods, Uncategorized, Wills

Modernizing Ontario Wills: a case update

• • 0 Comments

In Ontario, Bill 245, a large omnibus Bill, the Accelerating Access to Justice Act 2021 (AAJA) received Royal assent on April 19, 2021. It made amendments to many Ontario statutes. Schedule 9 of this Act made significant changes to the Succession Law Reform Act, R. S.O. 1990, c.S. 26 (SLRA) which had been largely unchanged since it was enacted over 40 years ago. Many of these amendments bring Ontario in….

Modernizing Ontario Wills: a case update Continue Reading »

Courts, Wills

Will We Need to Start Remembering the “Right to be Forgotten”?

• • 0 Comments
Some myosotis flowers, colloquially known as "forget-me-nots". I thought these would be appropriate for this blog post.

Pictured: Some myosotis flowers; colloquially known as “forget-me-nots”. I thought these would be appropriate for this blog post. In the estate planning world, we often see clients who want to be remembered for generations to come. For example, this could be through establishing a charitable gift, trust or foundation in their will; some people even find value in having some sort of organization, space or physical object named after them…..

Will We Need to Start Remembering the “Right to be Forgotten”? Continue Reading »

Courts, Estate Administration, Estate Planning, Executors, In the News
Scroll to Top