Considering an Appeal: final versus interlocutory orders

by: , June 27, 2022

Why does it Matter? Determining whether an order is final or interlocutory is important for litigators considering the proper avenue of appeal. In Ontario, appellate jurisdiction is distributed to two courts. A final order of a Superior Court Justice is appealable to the Court of Appeal as of right, and an interlocutory order is appealable…read more

Retrospective Capacity Assessments

by: , June 20, 2022

Whether a deceased person had testamentary capacity to execute his or her will is a question often raised in estate litigation and is the subject of many will challenges. A contemporaneous assessment of a testator’s capacity is not always conducted, and sometimes, even if such an assessment was done, it may be flawed or unreliable…read more

Ontario Welcomes New Tort of Family Violence

by: , May 2, 2022

Dear Readers, You may remember my previous blog of February 2021, where Ontario welcomed the new tort of internet harassment. The recognition of new common law torts is not an everyday occurrence. Coincidentally, a year later, in February of 2022 Ontario welcomed another new tort: the tort of family violence. After an intensive 11-day trial,…read more

The Role of the OCL

by: , October 4, 2021

de VRIES LITIGATION LLP often acts as agent lawyers for the office of the children’s lawyer (the “OCL”) in various proceedings. Generally, the OCL represents the interests of a child under the age of 18 in cases in Ontario. Minors’ interests are often at play in estate and trusts matters. For example, a minor may…read more

Can Secret Recordings be Effective Evidence in Litigation?

by: , September 27, 2021

In estate litigation, the practice of making secret or surreptitious recordings is not uncommon. It’s not unusual for tape recorders to be hidden around the home, or for phone calls to be recorded without the consent or knowledge of the other party. This begs three questions: (1) What do judges actually think of this practice?…read more

Notice of Objection to Accounts

by: , August 16, 2021

A passing of accounts refers to the process whereby the court approves of the estate trustee’s accounts. The accounts provide, among other things, details relating to the estate’s capital and revenue receipts and disbursements. While an estate trustee can voluntarily bring an application to pass accounts or be compelled to do so by the court,…read more

The Cost Consequences of Our Conduct

by: , June 28, 2021

One of the first questions clients often raise at the outset of a retainer is how much the litigation is going to cost them. While many know that going to court is an expense endeavour, the parties’ conduct in a proceeding can have a great impact upon the ultimate costs ordered to be paid. By…read more

What is a Fiduciary?

by: , June 21, 2021

The term “fiduciary” does not get thrown around frequently outside of some advertisements for investment services. However, fiduciary relationships are at the heart of estate and trust law. What follows is a “Fiduciary FAQ.” What is a fiduciary? A fiduciary is a person who holds some right, power, or authority which, when exercised, impacts the…read more

The Man with Two Lives: a complicated intestacy

by: , May 10, 2021

Background – The Man with Two Lives   The deceased, Michael Widner, died unexpectedly in 2017. He was the victim of a homicide. In the words of Duncan J., he left behind a “complicated legacy”. At the time of his death, he was married to both the defendant, Sabrina Widner, and was also in a…read more

Involving the PGT in Guardianship and Estate Matters

by: , May 4, 2021

Guardianship and estate disputes often present complex family dynamics touching upon a myriad of issues. Where the interests of an incapable adult are involved in litigation, the office of the Public Guardian and Trustee (the “PGT”) becomes involved. By way of background, the PGT functions in accordance with the Public Guardian and Trustee Act and…read more