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Yearly Archives: 2026
9 ResultsAdmissibility of Expert Opinion Evidence
In estate litigation, it may sometimes be necessary to obtain expert opinion evidence on a certain issue in order to assist the Court with making a determination on that issue. For example, if an estate trustee of an estate failed to invest estate funds or did so improperly, an expert report may be obtained to…read more
What are Reasonable Funeral Expenses?
A clause that is often included in Wills, is one that directs the trustee “To pay out of and charge to the capital of my general estate my just debts, and funeral and testamentary expenses.” At first glance, the clause appears straightforward. In practice, however, disputes can arise over what funeral expenses an estate is…read more
Recent Notable Cases in Estates and Trusts Litigation, 2026
I recently spoke at the Estate Planners’ Council of Halton (EPCOH). Below is a brief summary of recent and notable cases that Jonathon Vander Zee and I prepared for the EPCOH presentation. It’s always good to keep up to date. Enjoy! Cassan v. Giroux, 2026 ONSC 330 Moral obligations matter – the Court will strive…read more
A Limit on Testamentary Freedom: Dependant’s Support
There are limits on the freedom of a testator to dispose of her estate as she chooses. One of the limits is imposed by statute: a deceased must provide adequate provision for the proper support of her dependants. The Succession Law Reform Act, RSO 1990, c S.26 (SLRA) defines a dependant as (a) the spouse…read more
Abuse of Power of Attorney in Ontario: Criminal Liability in R. v. Ehrhardt
A recent Ontario case, R. v. Ehrhardt, 2025 ONSC 6850, highlights the serious consequences of misusing a power of attorney. A power of attorney comes with fiduciary duties, and those acting in this capacity are required to act in the best interests of the grantor. However, as this case shows, if that responsibility is abused,…read more
Beneficiary Designations Are Testamentary Dispositions
In estate planning, a testator can gift assets under a will, but there are also ways to arrange a testator’s affairs so that assets pass outside of the will and directly to the intended beneficiary. This includes beneficiary designations on investment accounts, and possibly, assets that are jointly held with the testator and another person. Such…read more
Beware of AI
The impact AI has on the legal practice continues to evolve and be examined by the Court. While arguably a useful tool in some instances, the Court has yet again warned counsel of the risks of using AI in written materials filed, and its patience is wearing thin. In the recent case of Kapahi Real…read more
Offers to Settle and Costs Awards
In estate litigation costs awards follow the “loser pays” principle. This means that generally the party who is unsuccessful in court will be ordered to pay a portion of the successful party’s costs. (There are factors that the court will consider that could deviate from the “loser pays” principle, such as where the litigation is…read more
When Joint and Severally Appointed Attorneys Disagree: How the Court Resolves Conflict Under a Power of Attorney
A grantor may appoint more than one person as attorney under a power of attorney and may specify whether those attorneys are to act jointly or “jointly and severally”. Where attorneys are appointed jointly, they must make decisions together and are collectively responsible for each other’s actions. By contrast, a joint and several appointment permits…read more