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Posts By: Gillian Fournie
39 ResultsWhat is a “Common Law Spouse”?
In Canada, every person is afforded certain protections in the event they get divorced. For example, there are statutes in place to help determine how the couple will divide their property and whether one of them is entitled to child support or spousal support (and what amount). However, not every couple in a committed, long-term…read more
What is a CPL and How Do I Get One?
A certificate of pending litigation (commonly referred to as “CPL”) provides notice that a legal proceeding has been commenced questioning the owner’s interest in land. In order to be effective, a CPL must be issued by a court and registered on title to the land in dispute. Once it has been registered on title, a…read more
Does a Joint Bank Account Go to the Survivor or the Estate?
The Law of Resulting Trusts What happens to jointly owned assets following the death of one of the joint owners? In the normal course, full ownership passes to the surviving owner.[1] However, this result may seem unfair where only one of the owners paid for the property or, in the case of bank accounts, only…read more
My Sister Died Without a Will – What Happens Now?
A will allows an individual to decide in advance who will administer her estate and who will receive her assets when she dies. Testamentary freedom is guaranteed to all Canadians, meaning we are free to choose who will benefit from our estates: family members, friends, pets, charities, or our favourite sports team. (Note that most…read more
Paying Funds Into and Out of Court
During the course of litigation, you may run into a situation where money is “paid into court.” Paying money into court is a way of protecting funds while the litigation is ongoing or until a minor reaches the age of majority. For example, where there is a dispute about who is entitled to insurance proceeds,…read more
Clash of the Limitation Periods
The Limitations Act, 2002, SO 2002, c 24, Sch B, brought order and clarity to limitation periods in Ontario. However, the Limitations Act did not displace all existing limitation periods established by statute. Several carve-outs which are particularly relevant to estates litigators includes the Real Property Limitations Act, RSO 1990, c L.15 and s. 38(3)…read more
Testamentary Freedom – A Fundamental Right?
Whether testamentary autonomy is a constitutionally protected right has not been considered by the courts … until now. The rules of testamentary succession (i.e. wills and estates) are governed by provincial law. While each province and territory has its own set of statutes, most have imposed some requirements that the deceased make “adequate provision” for…read more
The Act of Factum Writing
The importance of a factum in litigation cannot be overstated. A factum is a party’s written submissions to the court. The factum summarize the facts of the case, the issues in dispute, and the law being relied upon (with the addition of “overview” and “relief sought” sections at the beginning and end of the factum,…read more
The PGT and the Case of the Missing Estate Trustee
While a will offers a way to ensure your assets pass to your chosen beneficiaries on death, not everyone dies with a will. When this happens, the Succession Law Reform Act (Part II) sets out who are the beneficiaries of the estate, while the Estates Act (section 29) ranks in order of priority who may…read more
Happy 65th Birthday from the Canadian Government
Canadians can rejoice at turning 65 – you are now eligible for the government benefits offered to seniors. In order to spend more time eating cake and less time searching for the benefits that apply to you, provincial and federal benefits are listed in one convenient website. The list briefly summarizes the different benefits available,…read more