The 6ix or the 226? That is the Question

by: , April 20, 2018

Where does one commence a legal proceeding? When can one transfer a proceeding to one’s own hometown? These are simple enough questions, but with answers that may surprise you. The recent Ontario Superior Court of Justice decision of Estate of Byung Sun Im, deceased, 2018 ONSC 2223, set out the answers clearly. Background Byung Sun…read more

But Everything’s Depending on the Way the Wind May Blow [1]

by: , April 2, 2018

Can an estate trustee move to strike a beneficiary’s Notice of Objection to Accounts in the face of their Application to Pass Accounts, based on any of the Limitations Act, 2002, and/or laches and acquiescence? This was the discreet, though important, issue considered by the Ontario Superior Court of Justice in Wall Estate, 2018 ONSC…read more

The Utility (or lack thereof) of Extrinsic Evidence when Interpreting a Will

by: , February 9, 2018

Can one rely on extrinsic evidence (i.e. evidence that relates to a will but is not contained in it) to establish the intentions of a testator? This was a question recently considered by the Ontario Superior Court of Justice in Campbell v. Evert [1]. Background Dr. Ewert had two children, Monica and Peter. Dr. Ewert…read more

The Claim Not Taken.

by: , February 5, 2018

The Ontario Court of Appeal’s reasoning in Bennett v. Bennett Estate[1] is illustrative of the fact that if one is faced with two means of advancing a claim (whether they diverge in a yellow wood or not is not important here), one must be careful when deciding which claim to make. Moreover, the claim must…read more

I Hate to be a Suspicious Aloysius on You – but Did the Deceased Have Testamentary Capacity?

by: , January 26, 2018

A recent Ontario Court of Appeal decision (Stekar v. Wilcox[1]) reinforces what is required to prove well-established grounds for challenging a will: suspicious circumstance and testamentary capacity. Background Jerald P. McNamara (the “Deceased”) died on June 18, 2012. His friend of over 40 years, Thomas, stood to inherit his entire estate under the terms of…read more