Estate Litigation

Total 413 Posts

Production motions: the bar is higher than you think

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A recently released decision, Giann v Giannopoulos, 2023 ONSC 5412, provides clarity on a question that frequently arises in estate litigation: what information is a party entitled to from the deceased’s personal records and documents? This case, heard by Justice Myers of the estate list in mid-September this year was a motion by the Applicants for orders providing them access to the legal, medical and financial records of their deceased….

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Contested wills, Credibility, Estate Litigation

Brampton’s Civil Court Procedure – An Update

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The Superior Court of Justice issued a new Consolidated Civil Provincial Practice Direction for all civil proceedings effective as of June 15, 2023. In addition, the Brampton court office has adopted new procedures for civil matters designed to lead to a more effective use of court time and resources…..

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Courts, Estate Litigation, Practice Management

Estate Trustees Ordered to Not Use Estate Assets to Fund Litigation

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In a recent will challenge case, the court ruled that the estate trustees during litigation could not access estate funds to pay their legal fees. The testator (“Hans”) and his late wife (“Colleen”) married in 1987.  Together, they had 7 children from their previous marriages. In 2005, Hans and Colleen made wills in which their respective estate would be gifted to the surviving spouse and upon the death of the….

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Estate Litigation, Wills

When the End is not the end

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In theory, obtaining a judgement should mark the end of litigation. In practice, it can be the beginning of the just as tedious process of collecting on the judgement by way of enforcement proceedings. The plaintiff in the case of Akhavan v Taheri found this out the hard way. On December 24, 2020, the plaintiff, Akhavan, obtained a judgement in the amount of some $2.4 million dollars plus costs. The….

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Estate Litigation, Interest

Disclosure of Medical Records: Privacy Matters

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In Gilbert v. Girouard, 2023 ONSC 4445, a brother and sister brought a challenge to their father’s wills. The siblings alleged that their third sibling, who was named as estate trustee, exerted undue influence over their father. They also alleged that their father lacked testamentary capacity at the time of signing the wills. In order to gather the necessary evidence to support their claim, the siblings brought a motion to….

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Contested wills, Estate Litigation, Estate Planning, Executors, Family Conflict, Testamentary Capacity, Undue influence, Wills

Failure to plan can leave minor children in “Another World”: Considerations for the Anne Heche estate

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Today’s blog is written by Latoya Brown, Articling Student at Fasken LLP. The tragic death of soap opera actress of “Another World” Anne Heche, was an unexpected loss for her fans and family. She succumbed to her injuries on August 11, 2022, a week following a car accident that left her in critical condition. Heche died, leaving behind her two sons, 20 year old Homer Laffoon, 13 year old Atlas….

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Contested wills, Courts, Dependant Support, Estate Administration, Estate Litigation, Estate Planning, Family Conflict, Guardianship, Wills
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