February 2023

Dispensing With or Substitution of Personal Service

Personal Service An originating process is the very first document which allows either a plaintiff in an action, or an applicant in an application, to commence legal proceedings. Service of an originating process serves the important function of providing notice of the legal proceeding to those parties involved, and to other persons who could be […]

Estate Litigation

Am I a Spouse? The Mystery of Spousal Benefits

Under the laws of Ontario, certain rights and benefits are conveyed to a “spouse.” However, there is not a universal definition of “spouse”: whether you qualify for spousal benefits depends on the governing statute. Below is a summary of some of the most common rights and benefits sought by a “spouse” on the death of

Dependant’s Relief Claims, Estate Administration, Estate Planning, Guardianship Applications, Legal Resources, Power of Attorney, Spousal Elections

Lost or Destroyed Wills

Sometimes original last wills and testaments can become lost or destroyed.  But the original is required for an application for a certificate of appointment of estate trustee, or is otherwise needed to establish the authority of the estate trustee(s) or gifts in the will. Rule 75.02 of the Rules of Civil Procedure, RRO 1990, Reg

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