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Monthly Archives: May 2018
3 ResultsA RULE OF INCONVENIENCE?
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
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
A Touch of Modernity
In its costs decision for Campbell v. Evert (previously blogged about here), the Ontario Superior Court of Justice further distilled the rationale and policy reasons informing the “modern approach” to fixing costs in estate litigation. Background As frequent readers of this blog may recall, Dr. Ewert (the “Deceased”) passed away in 2011. She left behind…read more