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McNeill v. Phillips: Moral Obligations Don’t Create Legal Duties

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A recent decision of the Ontario Superior Court serves as a reminder that a moral obligation does not necessarily translate into a legal one. In McNeill v. Phillips, 2025 ONSC 5779, the Court struck a claim that sought to impose a duty of care where none existed in law. The plaintiff, the biological daughter of the deceased, brought a negligence claim against her mother’s spouse, who was not her biological….

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Rule 7 and New Ontario Regulation 173/25

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The multi-faceted Rule 7 of the Ontario Rules of Civil Procedure often comes into play in estate litigation. Generally, in estates cases, the Rule may be engaged when there is a settlement impacting a person under disability (i.e. a minor, an absentee within the meaning of the Absentees Act, or a person who is mentally incapable within the meaning of section 6 or 45 of the Substitute Decisions Act, 1992 in….

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Capacity Law, Courts, Disability, Estate Litigation, Guardianship, Power of Attorney, Powers Of Attorney and Guardianship Disputes, Uncategorized

Balancing the Indian Act and Formal Will Requirements: Bayliss v. Burnham

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The recent decision in Bayliss v. Burnham, 2025 ONSC 5376 provides insight into how estate issues involving the Indian Act (the “Act”) are resolved. Kenneth Ryan Hill (“Kenneth” or the “Estate”) passed away from natural causes on January 18, 2021 in Miami, Florida. Kenneth was a status Indian registered under the Act, a permanent resident of the Six Nations of the Grand River Reserve and a member of the Mohawk….

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Contested wills, Uncategorized

When the “Wills Exception” to Solicitor-Client Privilege Applies

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Solicitor-client privilege is a fundamental legal principle that protects communications between lawyers and their clients. This principle allows clients to speak freely in front of their lawyers without fear of their conversations being disclosed to anyone else. In the estates world, the question can sometimes become, what happens to solicitor-client privilege when the client dies and production of the solicitor’s file is sought? The recent case of Butt et al…..

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Valuing In-kind Donations

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There is a saying among charitable gift planners: “beware of donors of in-kind property with valuations in hand.”  In other words, some gifts may be too good to be true.  This folk wisdom contains a serious point. Donors, executors and charities often struggle with the valuation of in-kind donation.  Who commissions and pays for in-kind donation appraisals, the donor or charity? Does the valuation have integrity? Standard Practice The recommended….

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Estate Administration, Estate Donations, Uncategorized

Inter Vivos Transfers and the Intention to Gift

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In the recent decision of Buffa v. Giacomelli, 2025 ONSC 4024 (CanLII), the court considered whether withdrawals from joint bank accounts are valid inter vivos gifts. The mother had two children: a son (the applicant), and a daughter (the respondent). The respondent made the withdrawals from joint accounts with her mother. The withdrawals amounted to approximately $1.7M and were withdrawn over the course of about 1.5 years. The applicant argued….

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