Liability

Total 34 Posts

Fiduciary Investing Series – How to avoid compounding liability in trust accounts

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This blog has been written by Robert Boyd, Director, Scotiatrust. The blog is the first in a series focusing on Fiduciary Investing that will cover a range of practical topics. When one approaches the topic of fiduciary record keeping, there is room for forgiveness for those who tune out (or nod off). It’s not a topic that gets people excited, although the litigation that can occur from incorrect management of….

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Estate Administration, Estate Litigation, Executors, Liability

Trustee’s Personal Liability – It Could Go on for Years!

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Take the case of Estate of Ronald Alfred Craymer v Hayward et al, 2019 ONSC 4600, The Craymers were married in the 1980’s. It was a second marriage for Mrs. Craymer and a fourth marriage for Mr. Craymer. At the time of their marriage, Mrs. Craymer had three adult children of her own and Mr. Craymer had four adult children. The Craymers were married for thirty-two years until Mrs. Craymer….

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Capacity Law, Estate Administration, Executors, Guardianship, Liability, Passing Of Trustees’ and Executors’ Accounts, Power of Attorney, Spouse, Trustee, Uncategorized

CRA Keeps A-Knockin’ (and Can Come In)

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Estate trustees be warned: you may be held personally liable for failure to pay the estate’s taxes and/or the tax arrears of the deceased. When estate trustees are advised of this fact by their lawyers, pains are taken to soften the blow. CRA tends to be more blunt. Following the death of a taxpayer, CRA may write directly to the estate trustee setting out the amount of arrears owing and….

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Canada Revenue Agency, Estate Administration, Executors, Liability, Tax Issues

Estate Trustees and Costs of Litigation: Try not to take it personally?

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In the work I do, I am asked to provide expert testimony to support litigation. In some cases, I am often quite surprised to what extent parties will continue to litigate matters that appear to be “no-wins” or for small dollar amounts. Depending on the circumstances, parties have taken the personal brunt of litigation costs that may far exceed the amount in question, due primarily to their own intransigence. A….

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Attorney Compensation, Contested wills, Costs, Estate Administration, Executors, Family Conflict, Liability, Property, Trustee, Trustee Disputes, Uncategorized, Wills

Death Starts the Clock Ticking on the Limitation Period for Contribution and Indemnity Claims

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Conflicting Limitation Periods In Ontario, as in other Canadian jurisdictions, various statutes establish limitation periods within which an injured party can commence a claim against a wrongdoer, including against the estate of a deceased wrongdoer. Under sections 4 and 5 of the Limitations Act, 2002, S.O. 2002, c. 24 , Sched B, a claim must be commenced within two years from the date the plaintiff could reasonably have discovered that….

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Estate Litigation, Liability

A Brief Review of Solicitor’s Negligence

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Claims against solicitors for negligence often arise in the context of estates cases, whether it be the failure of a lawyer to ensure that a testator’s wishes are accurately reflected in his/her will, to neglecting to confirm the testator had the requisite capacity and was not subject to undue influence in executing his/her last will. This blog provides a general overview of the current law of solicitor’s negligence and the….

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Estate Litigation, Liability, Wills
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