Estate Litigation

Total 411 Posts

Court of Appeal Upholds Purchase Money Resulting Trust Decision

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Ontario’s Court of Appeal (“COA”) recently released a decision clarifying the legal requirements for finding a purchase money resulting trust.  The COA upheld the trial judge’s decision and dismissed the appeal on several grounds. The Appellant sought to appeal the trial judge’s finding that his mother’s estate held a 26% beneficial interest in a property his corporation owned.  In 1980, the Appellant purchased a home for $38,500.  He made a….

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Estate Litigation

APPOINTMENT OF GUARDIAN OUTSIDE OF THE PROVINCE – YAY OR NAY?

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The image depicts a desktop computer with a picture of a broken heart on the screen in a somber atmosphere to describe the theme of romance scams.

Kira Domratchev associate at Gowling WLG (Canada) LLP Just because you reside outside of the province, does not mean that you are unfit to act as guardian of an incapable person, particularly with the benefits of modern technology. In a fairly recent decision in Kierans (Re), 2023 BCSC 1841, the British Columbia Supreme Court, considered two competing petitions seeking committeeship (the equivalent term in Ontario is “guardianship”) of Bernard Kierans….

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Estate Litigation, Guardianship

But We Had a Deal – Overview of the Law on Motions to Enforce a Settlement

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Generally, many of the estate litigation cases we see settle before the hearing of the application or before the matter proceeds to trial. However, quite often, minutes of settlement are not executed at the time an agreement is reached. Indeed, cases are sometimes resolved late in the evening or there is an agreement in principle or signed settlement terms, with a formal agreement to follow. While parties may be able….

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Contracts, Estate Litigation, Family Conflict, Uncategorized

Examination of non-parties

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Production of documentary evidence and examinations are key parts of the litigation process as a matter proceeds towards trial. In some cases, an applicant may wish to examine non-parties, in addition to the opposing litigants. In an estates context, these can include family members of the deceased, accountants or solicitors that helped the deceased manage his or her financial affairs or draft a will, or business partners of the deceased…..

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Estate Litigation, Executors, Family Conflict, Wills

Emotional Support Dogs

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I once lost a seat in business class to an alleged Emotional Support Animal (“ESA”). The dog’s owners arrived for a flight in which they were apparently ready to put their alleged ESA, Woofie Goldberg[i], into her carrier and stow her under the seat in front of their own seats. Problems arose when it turned out that the couple had seats immediately behind the bulk head (therefore no seats in….

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Estate Litigation, Estate Planning, Uncategorized

Court Rectifies Ambiguous Will

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In Mansour v. Girgis, the court was asked to interpret the Deceased’s will and if the will was found to be ambiguous, to rectify a drafting error. The Deceased died in 2012. He never married and never had children. At the time of his death,  he was survived by two siblings who he made provisions for in his testamentary documents.  He also left the residue of his estate to Bishop….

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Estate Litigation
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