Total 413 Posts
Security for costs is designed to ensure that a defendant to an action or a respondent to an application does not have to incur the expense of a fulsome defence without the possibility of recovering a portion of her costs against the plaintiff/applicant…..
Don’t be Vexed Over Security for Costs of an Appeal Continue Reading »
Appeals, Contested wills, Costs, Estate Litigation
Joinder In the world of estate law, litigation is often unavoidable. Sometimes, facts and players will emerge after the initial pleadings stage, i.e., after litigation has already begun. In that case, a notice of application or statement of claim must be amended to add further respondents who are not already part of the litigation. This addition of new parties is also called “joinder”. Joinder is addressed under Rule 26.01 and….
Adding New Parties to An Existing Litigation? Continue Reading »
Contested wills, Estate Litigation, Trustee Disputes, UncategorizedLitigation can be ugly. Litigation where family is involved, as is often the case in estate litigation, can bring out the worst in people. According to the court, the worst of himself is what one of the respondents brought in the recent case of Colbert v. Colbert et al, 2023 ONSC 811 (“Colbert”) going so far as to declare the respondent in question a ‘vexatious litigant’. The term ‘vexatious litigant’….
The Vexatious Litigant Continue Reading »
Estate Litigation
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
Just under six years ago, I bought a Pokémon Trading Card Game (TCG) Venusaur Ex Red and Blue Collection Box. I was feeling stressed about studying for my law school exams and, being a massive Pokémon fan, I went for a walk to my local hobby store and decided to engage in some retail therapy. For those of you who are not TCG players, it’s hard to explain the wonderful….
Gotta Catch ‘Em All: Pokémon Cards and Personalty Clauses Continue Reading »
Contested wills, Estate Litigation, Estate Planning, Succession Planning, Wills
Guardianship disputes can be stressful and costly. Though each party wishes to do what is in the best interests of their incapable loved one, they struggle to reach an agreement about how to manage the incapable person’s personal care or property. These conflicts often make their way to the courts for resolution. But should they?….
The Judicial Preference for Non-Intervention in Guardianship Disputes Continue Reading »
Capacity Law, Estate Litigation, Family Conflict, Guardianship