Trust In The Rules Of Civil Procedure To Protect Beneficiaries And Litigants

by: , March 10, 2014

The Ottawa case of Hawkins v Hawkins Estate provides a well articulated summary of the grounds for the removal of estate trustees. In addition, it provides an interesting discussion regarding disclosure of a solicitor’s file after the death of the testator. The late John Hawkins ran a farming business near Ottawa and owned large parcels of land….read more

When Will the Court Appoint an ETDL?

by: , November 12, 2013

The recent endorsement of Justice Greer in McColl v. McColl illustrates the broad authority of the Court to appoint an Estate Trustee During Litigation (ETDL), and where warranted, to dispense with the requirement that the ETDL post a bond. The deceased was survived by his second wife, ex-wife and son from his first marriage.  At the time…read more

When Co-Estate Trustees Cannot Agree To Sell The House

by: , October 8, 2013

While administering an estate, one of the most difficult challenges an estate trustee can face is the situation where a beneficiary continues to reside in a property that is an estate asset when the estate trustee wishes to list the property for sale.  When there is disagreement on this issue amongst co-estate trustees, an estate…read more

The Paul Penna Estate: Summary Judgment Appealed

by: , December 16, 2008

Introduction In an earlier edition of Deadbeat,[1] I wrote a case comment on the decision of Greer J. granting partial summary judgment in the Estate of Paul Penna.[2]  The decision was appealed.  As recently reported in the Ontario Reports, the Court of Appeal (“C.A.”) dismissed the appeal.[3]  What follow is a consideration of the C.A.’s…read more