Total 411 Posts
The Originating Process One of the first steps taken in any court procedure is service of the originating process. Whether the procedure is by action or application, service of the originating process puts parties and others who may be affected by the outcome on notice that a legal proceeding has started. In estate litigation there may be a number of parties who need to be served at the outset of….
You’ve been served! Continue Reading »
Estate Litigation
Families often fall into patterns and routines; they are comfortable, stable, and predictable. They can also give rise to legal rights over land. The extent and enforceability of those rights is often put to the test following death or divorce. Such was the case in Tomek v Zabukovec, 2020 ONSC 2930. History of the Property Joseph Sr. (the “Deceased”) and his wife Mary had two sons, Joseph Jr. (the “Husband”)….
When Families Collide with Constructive Trusts Continue Reading »
Contracts, Estate Litigation, Estate Planning, Executors, Family Conflict, Limitation periods, Property, Resulting Trust
White v. White, 2023 ONSC 3740 A recent case heard before Justice Myers of the Toronto Estates List provides an interesting discussion of orders for the production of a will-drafting solicitor’s file, and shows the limits on such orders being sought under Ontario’s move to ‘substantial compliance’, which occurred in January of 2022. In this case, the Applicant sought an order for the production of the file of the drafting….
Seeking disclosure of a lawyer’s file to prove substantial compliance Continue Reading »
Contested wills, Estate Litigation, Executors, Wills
Power of attorney and guardianship disputes are fairly common in the estate litigation world. Oftentimes, siblings proceed to court as a result of allegations of financial abuse or a failure to look after the health and care of an incapable parent, in accordance with what is required of an attorney for property and/or personal care. Families therefore fight over who should be appointed by the court as the incapable person’s….
The SDA and Parens Patriae Jurisdiction Continue Reading »
Capacity Law, Elder Care, Elder Management, Estate Litigation, Family Conflict, Geriatric Care Management, Guardianship, Power of Attorney, Powers Of Attorney and Guardianship Disputes
In a recent decision, the court awarded punitive damages against a former estate trustee who had ignored a number of court orders requiring her to account. In 2002, the estate trustee (“Lorali”) was appointed a co-estate trustee of her late mother’s estate (the “Deceased”). Subsequently, her co-estate trustee died in 2013, leaving her the sole estate trustee. Pursuant to the terms of the Deceased’s Will, the estate trustees were directed to….
Court Awards Punitive Damages Against a Former Estate Trustee Continue Reading »
Estate Litigation
The cy-près doctrine It is common practice to leave a gift to a charity in your will. However, the charity that the testator wished to support may not have been named properly in the will (leading to confusion about who was supposed to benefit from the funds), or may have ceased to exist by the time the testator died. Where a testator intended to benefit a charity, the courts have….
The Cy-Près Doctrine: When Good Intentions Count For Something Continue Reading »
Charitable Giving, Estate Administration, Estate Donations, Estate Litigation, Estate Planning, Executors, Philanthropy/Charitable Giving, Trustee, Trusts, Wills