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In estate litigation, especially in cases where the litigation has been prolonged for an extended period of time and the file has accumulated hours upon hours of manpower, costs can be (and often are) a contentious issue between the parties. There are a few different ways in which costs may be dealt with, such as: costs being awarded out of the estate to one or both of the parties, an….

*This blog post was written by Ruth Paul, articling student at de VRIES LITIGATION LLP* With over 80% of Canadian households subscribing to at least one streaming service, internet-based streaming platforms are becoming the preferred way to consume video media. The variety of content and the on-demand nature of streaming platforms entice consumers to subscribe to these services. As with most subscription services, streaming platforms require subscribers to consent the….

This blog has been written by Karen La Caprara, Counsel at Fasken LLP. It can be easy as a will-drafting lawyer or clerk to approach drafting a will in the same manner as drafting a commercial contract. Like a commercial contract, it is critical that a will does what it is intended to do, provides a clear path to get there and includes options for various eventualities, all in a….

*This blog post was written by Ruth Paul, articling student at de VRIES LITIGATION LLP* Testamentary freedom is a guiding principle in Canadian estates law. It operates under the presumption that individuals are free to dispose of their estate however they see fit. However, testamentary freedom is not an absolute right. It is subject to statutory limitations that vary between provinces. In Ontario, these limitations are imposed by the Succession….

In Ingram v. Kulynych Estate, 2024 ONCA 678, the Court of Appeal for Ontario considered the appropriate limitation period where two different limitation periods were applicable and apparently in conflict in relation to a claim against an estate. Background Henry Kulynych died in February 2017. In his Will, Mr. Kulynych left his estate to his first wife, and if she predeceased him, which she did, then to his three children…..