Service Area: Estate Litigation

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Estate Litigation

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Posted April 6, 2021

The “Loser Pays” Cost Construct Remains Alive and Well in Estates Disputes

By way of a recent decision by Justice Sheard of the Ontario Superior Court, litigants in estates disputes are reminded again that the “loser pays”[...]

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Estate Litigation, Family Law

By:

Kate Wright

Posted March 29, 2021

Lack of Capacity in Family Law Matters: Use of the “Special Party” Rule

The recent decision in the case of Chai v. Law 2020 ONSC 6998 provides a useful summary of the procedural steps and evidence required for[...]

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Estate Litigation

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Heather Austin-Skaret

Posted March 15, 2021

Ontario Superior Court Clarifies Duty of Care in Intestacy

Toller Cranston, five time Canadian champion figure skater, two time Olympian and Olympic and World medalist, recipient of numerous awards and distinctions, a prolific and[...]

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Estate Litigation

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Posted February 9, 2021

Majorities Don’t Rule: Applications to Remove Estate Trustees

In the recent decision of Dewaele v. Roobroeck et al., Justice Sheard of the Ontario Superior Court of Justice considered an Application brought by a sister[...]

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Estate Litigation

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Posted February 4, 2021

Discussion re: Munro v. James (BCSC) Francis J.

The BC Supreme Court released a decision in 2020 that speaks to the somewhat unusual situation of a testator who has contracted away her right[...]

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Estate Litigation

By:

Kate Wright

Posted January 28, 2021

Foreign Estate Trustees and Assets in Ontario

In this previous blog, Diana Tebby provided an overview of the process of applying for probate or, as she points out, what is now called[...]

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Estate Litigation

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Posted November 26, 2020

It May Be Time to Revisit Your Continuing POA Property Precedent

A series of recent Capacity and Consent Board decisions have called into question the use of standard language found in many continuing power of attorney[...]

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Estate Litigation, Family Law

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Posted September 10, 2020

Family Matters: Transitioning from Ongoing Family Law Matters to Estate Litigation

Situations arise where a party in ongoing family law litigation passes away before a final order is obtained from the court, or where separated spouses[...]

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Estate Litigation

By:

Heather Austin-Skaret

Posted September 2, 2020

Not all Joint Assets are Clawed Back on a Dependent Support Claim

A dependent support claim is made pursuant to Part V of the Succession Law Reform Act. Here, a claimant sues the deceased’s estate on the[...]