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Yearly Archives: 2022
22 ResultsUndue Influence in Inter Vivos Transfers
Many have heard of undue influence but it is often in the context of a will challenge. That is to say, an argument is made that a testator’s last will and testament is not valid because someone influenced the testator. The influence must be such that the testator was no longer acting with free will:…read more
Cautions and Certificates of Pending Litigation
All too often the question of ownership over a piece of real estate is part of the larger puzzle of an estate dispute. If a party is asserting a claim of ownership over piece of real estate where they are not the registered owner, registering a caution on title or a certificate of pending litigation…read more
The Major-Minor
In a previous blog (found here), I commented on the role of the Office of the Children’s Lawyer (the “OCL”) in representing the interests of a child under the age of 18, in cases in Ontario involving estates and trusts. There are various nuances to the OCL’s role in such matters. While settlements impacting minors…read more
What are the Steps in an Uncontested Guardianship Application?
When an elderly parent loses the ability to make financial or care decisions on his own, families often rally together. The adult children may find they are able to execute financial and care decisions for their parent on an informal basis, and this informal management will continue until a bank or medical facility refuses to…read more
Can a Will Outline Be Admitted to Probate?
Sections 3 and 4 of the Succession Law Reform Act, R.S.O. 1990, c S.26 (“SLRA“) set out requirements for a valid Will in Ontario. The document must be in writing, signed by the testator, in the presence of two subscribing witnesses who watched the testator sign the document. But can the mere outline of a…read more
Considering an Appeal: final versus interlocutory orders
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
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
Opting Out: Submitting Rights to the Court
Sometimes an individual who has an interest in an estate (i.e. a beneficiary), does not want or need to participate actively in the litigation. The application or action may name the individual as a respondent or defendant but not seek any relief against her. The individual may be named as a party in the litigation…read more
Ontario Welcomes New Tort of Family Violence
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 ETDL and You
Estate litigation cases often deal with multifaceted issues where family members feud about a variety of matters. Will challenges, dependant relief applications and passings of accounts are a few of the types of disputes which result in extensive, protracted and lengthy litigation. In such circumstances, parties often look to appoint an estate trustee during litigation…read more