Courts

Total 59 Posts

COVID-19 Update: No Adjournment of Virtual Trial

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I previously blogged about Chief Justice Morawetz’s new Notice to the Profession (effective December 29, 2020) that that all non-jury matters shall proceed virtually unless it is absolutely necessary for the matter to be conducted in person. This Notice to the Profession has now been applied in Flying E. Ranche Ltd. v. Attorney General of Canada, 2020 ONSC 8072 where the court refused to adjourn a complex trial, instead directing….

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Courts, In the News

When Are You Married?

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Most know that you don’t have to be legally married to have a “spouse” for income tax purposes, although legal marriage will work. If you have been living with someone in a conjugal relationship for 12 months or more regardless of your sex at birth, you will be considered spouses for tax purposes. You can ignore the 12 month requirement if you are living together and you are both parents….

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Contested wills, Courts, Estate Administration, Estate Litigation, Estate Planning, Family Conflict, Spouse, Testamentary Capacity, Uncategorized, Wills

COVID-19 update: Court must not cross the line to clear up hypothetical limitation period confusion

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The government suspended limitation periods between March and September due to COVID-19. The government believed that it had properly done so. Nevertheless, the government asked the court to confirm it had properly done so due to amorphous concerns that had been raised. Justice Myers dismissed this application as it would have the court cross the line that separated an independent judiciary from the executive and legislative branches. The government had….

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Courts, Limitation periods

Until Death Do Us Part…

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This Blog was written by Angèle LeBlanc, Estate and Trust Advisor at MD Private Trust Company which is part of Scotia Wealth Management The Medical Assistance in Dying, Bill C-14 (MAiD) was enacted into law on June 17th, 2016. Since then, some of us may have heard of cases where individuals, even clients, have chosen to end their life with MAiD. With every new law passed, however, litigation is certain….

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Courts, Uncategorized

COVID-19 update: Government Works to Fix Potential Limitation Period Problem

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In order to respond to the COVID-19 pandemic, the government suspended limitation periods and other statutory deadlines between March and September. However, due to concerns about the manner in which the suspension was lifted, the government is currently seeking a declaration that the limitation period was, in fact, validly suspended during this time (as a contrary holding would invite chaos). As I previously blogged, in order to respond to the….

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Courts, Limitation periods

Deleon v DeRanney and the Definition of “child” Under the SLRA

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In Deleon v. DeRanney, the Ontario Superior Court of Justice awarded some dependant support to a non-biological child who was part of the deceased’s unconventional family. As blog readers may be aware, the Succession Law Reform Act (SLRA) does not require that a child be the biological offspring of the deceased in order to receive dependant support – under section 57, the definition of “child” includes “a person whom the….

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