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Improving the Court System, According to Justice David M. Brown

Justice David M. Brown recently released a paper entitled, “THE FIVE HABITS OF HIGHLY EFFECTIVE AND ACCESSIBLE CIVIL COURTS: TRANSPARENCY; PERSPICACITY; CREATIVITY; SIMPLICITY; AND ACCOUNTABILITY – Reflections at the end of a judicial career”. The paper summaries the key lessons Justice Brown has learned throughout his career on the Bench. Justice Brown has been a judge for over 18 years, having spent more than 8 years as a trial judge….

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Can a wish create a legal obligation?

This blog post was written by Mohena Singh, Associate at Fasken LLP. When preparing your estate plan, an important distinction must be made between what you direct your trustees to do with your estate assets and what you wish for them to do. In the case of Landry v. Christiansen-Hasset et al,[1] the Ontario Superior Court considered the issue of precatory language in a will and whether a wish could create….

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Don’t Take It For Granted: Court has Inherent Jurisdiction to Refuse Grant of Probate

The court has an inherent jurisdiction to refuse an appointment of an estate trustee even where the application is unopposed.  This inherent jurisdiction was affirmed by the Ontario Court of Appeal in James Estate (Re), 2024 ONCA 623, when it upheld the lower court’s decision to refuse an application for a certificate of appointment of estate trustee (“CAET”).  In James Estate, the appellant brought his application for a CAET with….

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Donor Recognition in the Commons

Here’s a charity trade secret.  One of the best products in a fundraiser’s toolkit is “donor recognition”, in particular naming a piece of real estate.  Recognition is effective in inspiring donors, and for some, but not all, an important part of charitable giving.  However, donor recognition sometimes produces a backlash from the public. Yes, donor recognition is gracious and pragmatic, but public space is branded by private citizens and money…..

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When will Elevated Costs be Awarded?

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….

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Can Your Subscription Service Limit Your Estate’s Ability to Sue?

*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….

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