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Yearly Archives: 2024
28 ResultsCan a beneficiary under a Will sign as a witness to the same Will?
When executing a Will, one of the requirements is that two different people witness the testator sign the Will and then sign the will themselves as witnesses. This seems fairly straightforward, right? For example, where someone uses a lawyer to assist them with drafting their Will and visits the lawyer’s office to execute the Will,…read more
Is a Formal Capacity Assessment Required Evidence?
When the court appoints a guardian of property or guardian of the person the court must make a finding of incapacity (ss. 25(1) and 55(1) of the Substitute Decisions Act, SO 1992, c 30 (the “SDA”). Often parties will obtain or seek to obtain a formal capacity assessment to provide to the court as evidence…read more
The Standard of Review
When a decision does not go your way, it can be tempting to march straight to the Ontario Court of Appeal to…well, appeal the decision. However, the Ontario Court of Appeal is not an easy second kick at the can. The court will only review a decision if there is a question of fact, law,…read more
Mediation, Arbitration and Med-Arb in Estates Disputes
Litigation can be a costly, time consuming and stressful process for the parties involved. When faced with the prospect of a lengthy trial in backlogged courts, with an uncertain outcome at trial, parties can look for alternative paths to resolving their disputes. In estate disputes, parties may agree, and in some judicial regions of Ontario,…read more
Mareva Injunctions: A Primer
The purpose of this blog is to provide an introduction to Mareva injunctions and the test that has to be met for a Court to grant such an injunction. The term “Mareva injunction” stems from the seminal English case of Mareva Compania Naviera SA v International Bulkcarriers SA, [1975] 2 Lloyd’s Rep 509). Generally, Mareva…read more
Minor’s Funds Paid Into Court
Sometimes, the process of litigation necessitates the payment of funds into court. While there are many reasons that money may be paid into court, in the context of an estate it is most likely to occur where a minor is involved. Because minors cannot hold property themselves, the court may order that funds belonging to…read more
What Happens When Someone is Found in Contempt of Court?
This blog will act as a “part 2” to Joanna Lindenberg’s previous blog post about contempt orders found here, and will serve as a broad overview on punishments for civil contempt. When someone does find themselves in the ill-advised position of being cited or declared as in contempt of Court for disobeying a Court Order…read more
Swedish Death Cleaning and Digital Clutter
Swedish Death Cleaning is the Scandinavian practice of taking stock of your life and pairing down your possessions. Unlike other decluttering methods, the purpose of Swedish Death Cleaning is to manage your possessions and assets in a way to not burden your loved ones after your death. It asks you to consider your legacy and…read more
Mandatory Mediation: Where, What, Why
For more than two decades, mediation has been mandatory in certain jurisdictions in Ontario for most matters involving estates, trusts, and substitute decisions. Toronto, Ottawa, and the County of Essex are subject to mandatory mediation pursuant to and governed by rule 75.1 of the Rules of Civil Procedure, RRO 1990, O. Reg. 194. The types…read more
A Refresher of Courtroom Etiquette
For civil matters, parties represented by a lawyer do not necessarily need to attend a hearing. For parties who may want attend court hearings anyways, here are a few etiquette and practical considerations to be aware of prior to entering the court room: For virtual hearings: – Log in to the zoom link several minutes…read more