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Total 685 Posts

Importance of a Judgement

  Kira Domratchev, Partner, Gowling WLG (Canada) LLP In my first blog since returning from parental leave, I decided to keep it simple and discuss the importance of obtaining a judgment on settling a matter outside of the court (particularly given the set of facts present in the following case summary). In a recent decision, the Saskatchewan Court of King’s Bench[1] addressed a scenario where the applicant was owed money….

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Key Estate Decisions Released in 2024 and 2025: Part I

Throughout 2024 and into early 2025, the Courts released many riveting and groundbreaking decisions that have had an echoing effect throughout the estate litigation world. This blog will detail 5 of those decisions and cover a variety of topics and issues relevant to estate litigation and planning. A second blog acting as a “Part II” detailing other important decisions will be coming soon to a blog website near you. Tessaro….

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Iceman’s Memory – Val Kilmer’s Digital Legacy

This blog post was written by Dave Madan, Senior Manager, Scotiatrust With the tragic passing of Val Kilmer early this month, at the age of 65, we are reminded of the pressing challenges that professional advisors face in modern estate planning. Well known for his roles in Tombstone,Top Gun, Batman: Forever, The Saint, and many others, he leaves an estate valued between $10 million and $25 million. Kilmer’s legacy extended….

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Proposed Changes to the Ontario Rules of Civil Procedure

The Ontario Rules of Civil Procedure may be dramatically changed. In January 2024, the Civil Rules Review (the “CRR”) was launched. The mandate of the CRR is extensive: to “conduct a comprehensive and complete review of the Rules and identify, through consultation, areas where targeted changes to the Rules would increase efficiency and access to justice for Ontarians, reduce complexity and costs, maximize the effective use of court resources, reduce….

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Some Good News

With all going on in the world right now, I figure we could all used some good news. Last week, CBC News published an article about Gerald and Coby Goguen, a couple from New Brunswick, who were able to pass away hand in hand earlier this year. Married for 41 years, Gerald and Coby were both battling cancer in the months leading up to their deaths. Through medical assistance in….

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A Fiduciary Must Always Account

In the recent decision of The Estate of Joan R. McAteer, deceased, 2025 ONSC 1197, the Court outlined an attorney for property’s fiduciary obligations to account to the beneficiaries of the incapable person’s estate upon their death. When John Joseph McAteer died, attorneys for property managed the assets of his incapacitated wife, Joan McAteer, until her death. Following Joan’s death, their son, also called John McAteer, brought an application to….

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