Courts

Total 60 Posts

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

When Estates Law Meets Criminal Law: A Recent Case of a Fraudulent Will

• • 0 Comments

Estates law doesn’t typically make the news, so my attention is always piqued when I see a headline about a Will. A recent criminal case featuring a fraudulent Will made front-page news, and serves as a reminder of what a powerful document a Will is, the need to carefully plan and safeguard against fraudsters, and the risks inherent in estates law. Last month, Robert Konashewych, a Toronto police officer, and….

When Estates Law Meets Criminal Law: A Recent Case of a Fraudulent Will Continue Reading »

Courts, Estate Administration, Executors, In the News, Wills

Lack of Financial Disclosure Comes at a Significant Financial Cost

• • 0 Comments

Today’s Blog Post was written by Gabrielle Arbic-Lloyd, Student-at-Law at Fasken LLP In February, the Ontario Court of Appeal ordered one spouse to pay the other more than one million dollars in costs in addition to spousal and child support. So what motivated the Court to order this spouse to pay so much in costs? The answer lies in lack of financial disclosure and bad behaviour. Financial disclosure is one….

Lack of Financial Disclosure Comes at a Significant Financial Cost Continue Reading »

Costs, Courts, Credibility, Family Conflict, Separation, Spouse

Executors: Beware of the Risks

• • 1 Comment

This Blog was written by: Alicia Mossington (Godin), Estate and Trust Consultant, Scotia Wealth Management  An estate trustee, also known as an executor, is responsible for administering the estate of the deceased and carrying out the terms of the Will (or other testamentary documentation). The recent article by Rebecca Studin titled “Pass Your Accounts, or Risk Jail Time” led me to think about the consequences of acting (or failing to act)….

Executors: Beware of the Risks Continue Reading »

Courts, Estate Litigation, Executors

When Will a Court Reconsider Its Decision?

• • 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…..

When Will a Court Reconsider Its Decision? Continue Reading »

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

Valuation of Interests in Discretionary trusts and Family Law

• • 0 Comments

These days, it is quite common to find intergenerational wealth transfer to consist of property held in a discretionary family trust whose beneficiaries may or may not have been in marital relationships at the time of the time the trusts were created. A siginifcant number of legal and financials issues related to these trusts in family law, including the determination of what is considered “included” and “excluded” family property before….

Valuation of Interests in Discretionary trusts and Family Law Continue Reading »

Business Succession Planning, Contracts, Courts, Estate Administration, Estate Administration and Probate Applications, Estate Planning, Family Conflict, Investments, Property, Real Estate, Resulting Trust, Separation, Small Business, Spouse, Trusts, valuation
Scroll to Top