Estate Litigation

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Contempt and Custodial Sentences

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A storm approaches. The vista of mountains and a man standing upon a mountain that the storm has not yet reached.

On the de VRIES LITIGATION LLP website, I previously blogged about orders for contempt and the nuances associated with seeking and obtaining this declaratory relief. This blog will take the discussion a step further and look at what penalties may be imposed upon a contemnor; in particular, the discussion will centre upon the penalty of jail time or a custodial sentence (these terms will be used interchangeably) for civil contempt…..

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Courts, Estate Litigation, Executors, Fiduciary Professions, Liability, Trustee

All I Want for Christmas is Legal Ownership of My Yorkshire Terrier

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Pictured: My beloved dog, Yuki, in her Christmas tree outfit. When thinking about what to write for this week’s blog post, I realized that I have the last Fasken slot before Christmas. This got me thinking: what can I write that’s relevant to the holidays? It then dawned on me that this is the first Christmas that I’ll be spending with my new dog, Yuki. Coincidentally, there have been a….

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Appeals, Costs, Courts, Estate Administration, Estate Litigation, Estate Planning, Family Conflict, Guardianship, In the News, Joint Tenancy, Separation, Spouse, Succession Planning

A long, long time ago…

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Some stuff happened, and now people are fighting about what exactly happened. To find out what happened, evidence is needed. In estate litigation, there are special principles and rules of evidence along with the usual ones to be considered. The recent case of Koutsovasilis v. Carreira, provides a useful summary of some of these. The Facts The case involved a dispute over ownership of a property between a woman by….

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Credibility, Estate Litigation

Not All Questions Are Appropriate for an Advice, Opinion or Directions Application: Discretion Must be Exercised by the Trustee, and not by the Court

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Anna Chen, Associate, Gowling WLG (Canada) LLP Often, estate trustees or trustees apply to the court for its opinion, advice or direction in respect to issues in the administration of the estates or trusts.  The questions put to the court may range from the interpretation of a clause in a testamentary instrument or questions as to whether the estate trustee or trustee has the authority to carry out certain steps….

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Estate Litigation

I Would Like Exculpatory Clauses and a Side of…

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Exculpatory clauses or indemnity clauses in wills and trusts are common forms of protection provided to the trustees by testators and settlors. When a trustee is appointed under a testamentary or inter vivos trust document to administer and manage an estate or a trust, some consider it to be an honour and a privilege.  Unfortunately, the reality of the office of the trustee is often fraught with inexperience, lack of….

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Estate Litigation, Estate Planning, Executors, Wills

Lawyer Representation in Estate Litigation

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A recent case confirmed that estate trustees representing an estate in litigation must have a lawyer unless the court dispenses with that requirement. In Scarangella v. Oakville Trafalgar Memorial Hospital, Ms. Scarangella commenced a medical negligence action as a claimant under the Family Law Act and as the estate trustee on behalf of her late partner’s estate.  As she was self-represented, she brought a motion seeking leave to act on….

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Estate Litigation
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