A RULE OF INCONVENIENCE?

by: , May 23, 2018

A centuries’ old practice gives personal representatives one year after the death of a deceased to wind up the deceased’s estate[1]. This is often called the “executor’s year”. However, in today’s world, it frequently takes more than one year to administer an estate. What happens if a personal representative does not or is not in…read more

The Act of Factum Writing

by: and , May 11, 2018

The importance of a factum in litigation cannot be overstated. A factum is a party’s written submissions to the court. The factum summarize the facts of the case, the issues in dispute, and the law being relied upon (with the addition of “overview” and “relief sought” sections at the beginning and end of the factum,…read more

Unjust Enrichment and Mutual Benefits

by: , March 31, 2017

Unjust enrichment is when one person is “enriched” at the expense of another’s monetary contributions or efforts otherwise without a legal reason.  Determining whether one party was unjustly enriched can be complicated where the parties mutually benefit from each other’s assets or actions.  In its recent decision of Granger v Granger, the Ontario Court of…read more