Family Conflict

Total 254 Posts

To Remove or Not to Remove… That is the Question (with apologies to the bard)

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Estates tell a million stories and the case of Ford v Mazman, 2019 ONSC 542, is just one of them. Mary died on April 3, 2017. Mary’s 2004 Will named her two nieces, Laura and Carleen, as sole beneficiaries. Mary appointed her close friend, Seta, as her estate trustee/executor. Laura had travelled to Ontario from BC to spend two weeks with Mary while she was in hospital. Shortly after Laura….

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Estate Administration, Estate Litigation, Executors, Family Conflict, Wills

Conflicts of Interest – When Lawyers Will Be Removed (or not)

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By the time a matter reaches trial, a client and her lawyer will have spent a significant amount of time together. A bond often develops over the course of the relationship, with the client trusting that her lawyer will put forward her position forcibly and knowledgeably. As a result, an attempt by the other side to remove the lawyer from the file is disruptive and often viewed with suspicion. To….

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Estate Administration, Estate Litigation, Executors, Family Conflict, Trustee Disputes

A Joint Tenancy Gone Awry

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Many of my fellow bloggers have blogged about joint tenancies, whether the focus of those blogs was on a case where the facts involved a joint tenancy or was to simply advise of the issues and risks related thereto. (See Brittany Sud’s blog on January 19, 2018, Steven Frye’s blog on June 6, 2017, and my blogs of July 29, 2016 and November 11, 2010). This blog is going to….

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Estate Litigation, Estate Planning, Family Conflict, Property

Unjust Enrichment – The Supreme Court’s Naughty List

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They see you when you’re sleeping, they know when you’re awake. They’re ready to decide if you’ve been unjustly enriched, so be good for goodness sake. The Supreme Court of Canada is coming to town. The Supreme Court of Canada in their festive/ceremonial robes [Not pictured – Santa Claus]   On November 23rd, the Supreme Court of Canada released its decision in Moore v. Sweet, 2018 SCC 52. Back when this case….

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Contracts, Family Conflict, In the News, Insurance

My First and Only (Kind of) Experience with the Declarations of Death Act

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  This blog was written by Sally Lee, LLB – Estate and Trust Consultant with Scotia Wealth Management. When I was in private practice, I worked on a probate file where the deceased was declared dead pursuant to subsection 2(5) of the Ontario Declarations of Death Act.  He was missing for at least seven years and his family members made the application to the court.  I did not work on….

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Estate Planning, Family Conflict, Uncategorized

Not So Fast – Who Controls the Body?

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“He knows where the bodies are buried” is a throwaway line from Orson Wells’ cinematic masterpiece, Citizen Kane. That line soon took on a life of its own and entered the cultural vernacular. In the world of estates, a more frequent problem is not finding the bodies but deciding where to bury the bodies. In Miller v. Miller, 2016 ONSC 6625, Justice Myers of the Ontario Superior Court of Justice….

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Estate Administration, Estate Litigation, Executors, Family Conflict, Funeral Planning, Succession Planning, Wills
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