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Litigation en Français
Under the Courts of Justice Act, the official languages of the courts of Ontario are English and French.[1] A party to a proceeding who speaks French has the right to require that it be conducted as a bilingual proceeding, meaning: – The hearings that the party specifies shall be presided over by a judge or…read more
Orders for Contempt – Who, What, Where and How?
The notion of having an individual cited or declared in contempt of Court is something litigants may hear about, but the nuances of obtaining a contempt order are worth reviewing. Generally, a motion for contempt may be brought when a person has failed to comply with the terms of a Court order. In particular, Rule…read more
Duties of a Guardian and Attorney – Who is a “Supportive” Family Member of Friend?
When a person is acting as a guardian (of property or of the person) or an attorney (for personal care or for property), there are many duties that they must observe and comply with as set out in the Substitute Decisions Act, 1992, S.O. 1992, c. 30 (“SDA”). Acting in accordance with these duties is…read more
How Long Do You Have to Bring a Will Challenge?
In Ontario, most legal claims are subject to the basic two-year limitation period set out in Section 4 of the Limitations Act, 2002, SO 2002, c 24, Sch B (the “Limitations Act”). This basic limitation period requires legal claims to be brought within two years of the day on which the claim is first discovered….read more
Replacing an Estate Trustee
Overview In some cases, an estate trustee (“ET”) has been appointed, but needs to be replaced before the estate administration is complete. This can occur for a variety of reasons: the ET becomes unable or unwilling to continue acting for the estate, the ET is removed by the Court in the course of litigation, or…read more
Can Estate Trustees Keep a Holdbacks for Legal Fees?
Right to Indemnification of Legal Fees Section 23.1 of the Trustee Act, RSO 1990, c T.23 confirms that estate trustees are entitled to be indemnified for the legitimate costs of carrying out their duties. In other words, estate trustees should not have bear the costs of the estate administration. This includes an estate trustee’s legal…read more
The Scope of Cross-Examination on an Interlocutory Motion
A deponent or affiant may be cross-examined on their affidavit sworn in support of or in response to a motion. If a question on cross-examination is not answered, then it will be deemed a refusal. The examining party may bring a refusals motion to compel answers to the refused questions should they be maintained. Sometimes…read more
Being a Spouse Matters: Two Examples
Ontario law recognizes two forms of spousal relationships: marriage and common law partnerships. While certain statutes may modify or create their own definition of common law partnership, the definitions found at s.1 and s. 29 of the Family Law Act, RSO 1990, c F.3 are the standard. As a reminder, in Ontario, a common law…read more
Cost Awards: A Breakdown
One of the most common concerns voiced by litigants is how they can recover their costs of the litigation. In Ontario, you do not need to bring a separate claim against the opposing party to recover your legal fees. Rather, at the end of the litigation (or at the end of a particular step of…read more
Persons under Disability and Settlement
Rule 1.03 of the Ontario Rules of Civil Procedure defines a person under a disability as being a minor or someone mentally incapable within the meaning of section 6 or 45 of the Substitute Decisions Act, 1992, S.O. 1992, c.30, in respect of an issue in the proceeding. In estate litigation, the rights of minor…read more