Uncategorized

Section 35 of the Evidence Act, R.S.O. 1990, c. E.23 (“EA”) is often referred to as the “business records” exception to the rule against hearsay. That is because, under certain circumstances, section 35 of the EA allows business records (which are defined in section 35(1)) to be filed and admissible as evidence where the information in that document might otherwise be traditionally considered as hearsay. In order to qualify as….

Those in the estates bar know that it is a very high test to remove an estate trustee. Courts do not lightly interfere with a testator’s choice. However, where an estate trustee is in a conflict of interest and acts in a manner that puts the proper management of the trust property at risk, the test may be met. In Muscat v. Muscat Estate, 2025 ONCA 518 (CanLII) the Ontario….

*The following blog was written by Sharon D. Davis* Human relationships are marked by conflict. When family dynamics, money issues and the death of a loved one are thrown into the mix, that conflict often ends up in estate litigation. Mediation has become a mainstream way of dealing with estate disputes in Canada. Mediation is a private negotiation process facilitated by a neutral third party (the mediator). This process is….