Family Conflict

Total 257 Posts

Unjust Enrichment – The Supreme Court’s Naughty List

• • 1 Comment

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….

Unjust Enrichment – The Supreme Court’s Naughty List Continue Reading »

Contracts, Family Conflict, In the News, Insurance

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

• • 0 Comments

  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….

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

Estate Planning, Family Conflict, Uncategorized

Not So Fast – Who Controls the Body?

• • 0 Comments

“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….

Not So Fast – Who Controls the Body? Continue Reading »

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

Buffy the Vampire (Slayer Rule)

• • 0 Comments

Halloween is right around the corner, so today’s blog post is taking an ominous turn. Informal Reader Poll: What’s scarier? a) A horror movie that’s been remade three times b) Having to remake a client’s will for the third time Now to the fun stuff….. There’s a general principle in law and public policy that no advantage may be gained from one’s own wrongdoing. Some relevant examples are: The Slayer….

Buffy the Vampire (Slayer Rule) Continue Reading »

Capacity Law, Contested wills, Estate Litigation, Family Conflict

Preservation Orders in Estate Litigation

• • 0 Comments

Estate litigators are very familiar with unique and interesting fact patterns and it is helpful to be reminded that unusual circumstances may warrant the use of somewhat uncommon remedies. Rule 45 of the Rules of Civil Procedure is one such remedy, which provides for the interim preservation of property and can be utilized in an estate proceeding to preserve and even seize property. Rule 45 reads as follows: 45.01 (1)….

Preservation Orders in Estate Litigation Continue Reading »

Estate Administration, Estate Administration and Probate Applications, Estate Litigation, Executors, Family Conflict

Celebrating New Beginnings

• • 0 Comments

Last Monday was Labour Day which signifies back to school and end of summer. It is a time of new beginnings, setting goals and starting new projects. Today is the first day of the Jewish New Year, another fresh start for those who celebrate. For many who may not attend synagogue, it may still be recognized and celebrated with family sitting down together for a festive dinner. Traditions continue and….

Celebrating New Beginnings Continue Reading »

Elder Care, Family Conflict, Uncategorized
Scroll to Top