Total 416 Posts
The case of John the Farmer (which I had previously blogged about) is now under appeal. John is seeking to overturn the ruling that he had to vacate the family farm so it could be sold on the open market. A judge rejected John’s request to stay the lower court’s order until the Court of Appeal could weigh in. The Court of Appeal will hear this matter on July 20,….
Chapter Two in the Family Farm Saga Continue Reading »
Estate Litigation
The “rule of law” is a defining feature of western democracies. Briefly described, it is the insistence that all government action be based in law, and is contrasted with acts of tyranny, dictatorship, and arbitrary exercises of power. The central role that the rule of law plays in Canadian society is most clearly seen in the one-sentence preamble to the Constitution Act, 1982: “Whereas Canada is founded upon principles that….
Privacy, the Rule of Law, and Apotex Inc. Continue Reading »
Capacity Law, Estate Litigation, Family Conflict, Guardianship, In the News, Interest
In Seguin v. Pearson, 2018 ONCA 355, the Court of Appeal for Ontario dismissed the appeal of Carol-Anne Seguin from the lower court’s dismissal of her action to invalidate the two most recent wills of her late father, Robert Geddes Paterson (the “deceased”), despite the trial judge’s error in applying the test for undue influence. Facts: Ms. Seguin and her sisters were the children of the deceased, who died in….
Will Challengers Beware! Continue Reading »
Estate Litigation, Undue influence
A recent Ontario decision, Martin v. Martin [1], considered the minimal evidentiary threshold required to obtain documentary discovery in a will challenge as set out in Seepa v. Seepa. For further background on Seepa, read Rebecca Studin’s previous blog post on that decision. In Martin, the Applicant (the named Estate Trustee) sought an order removing the Notice of Objection of the Respondent, his sister, to his appointment as Estate Trustee….
More than a Suspicion: The Minimal Evidentiary Threshold Continue Reading »
Estate Litigation, Testamentary Capacity, WillsOccasionally, I (like many of fellow bloggers for sure) get asked – what is appropriate remuneration for an executor or executrix to administer an estate – often in circumstances where remuneration is not specified or even referred in the deceased’s will or otherwise. Bottom line, what are the guidelines and how much is enough? A recent court case in the Supreme Court of British Columbia Le Gallais Estate (re) 2108….
Executors Remuneration Continue Reading »
Estate Administration, Estate Administration and Probate Applications, Estate Litigation, Executors, Passing Of Trustees’ and Executors’ Accounts, Trustee Compensation, Uncategorized, WillsCase Example 1: John, was a 93 year old, well -to -do gentleman, never married and had no known family. He lived in his own home in a nice part of the city. His next door neighbor had kept an eye out and assisted him over the years by shoveling his walkway and offering to get groceries for him on an occasional basis. John had a ‘Friend’ who he met….
Could There Have Been A Different Outcome? Continue Reading »
Elder Care, Elder Law, Power of Attorney, Undue influence