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Posts By: Elaine Yu
17 ResultsEnforcement of Foreign “Guardianship” Orders
In today’s international economy, it is not uncommon for a person to have assets in many countries. However, this gets complicated when a person becomes incapable of managing their property. Until the recent case of Fisher v. Danilunas, 2025 ONSC 4359, there has been little guidance regarding the enforcement of foreign orders relating to a…read more
Judicial Discretion in Estate Trustee Appointments
Today’s blog post was written by articling student Iryna Huk. On appeal, the court in James Estate (Re), 2024 ONCA 623 (CanLII) affirmed that the Superior Court of Justice has inherent jurisdiction to deny an application to appoint an estate trustee, even if the appointment is supported by the beneficiaries.[1] While courts generally defer to…read more
Guardianship Applications in Writing
There are two procedural avenues when seeking to be appointed or removed as guardian of the person or guardian of property for an allegedly incapable person: the standard procedure which requires a court hearing, and the summary disposition procedure, which is done in writing. The summary disposition procedure is set out under section 77 of…read more
Assigning an Estate into Bankruptcy
Sometimes, an estate’s debts and liabilities are greater than its assets. When that occurs, an estate trustee should consider assigning the estate into bankruptcy. This is for the protection of the estate trustee, as he or she may otherwise become personally liable for the estate’s unpaid debts and liabilities. If an estate is successfully assigned…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
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
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
Litigation en Français
Under the Courts of Justice Act, the official languages of the courts of Ontario are English and French.[1] A party to a proceeding who speaks French has the right to require that it be conducted as a bilingual proceeding, meaning: – The hearings that the party specifies shall be presided over by a judge or…read more
Lost connection: A brief overview of jurisdiction
In today’s global economy, it’s not unusual for an estate to hold property across several provinces or countries. Where litigation involving such an estate looms ahead, there is always the question of where to bring the claim, also known as jurisdiction. One thing to keep in mind is that each province is its own jurisdiction….read more
He said, she said, hearsay
The basic rule of evidence is that all relevant evidence is admissible. However, there are exceptions to this basic rule. One of the main exceptions is the rule against hearsay. But what exactly is hearsay? Today’s blog post will be a very basic overview of a complicated, tricky legal concept. What is hearsay? In R….read more