The Ontario Court of Appeal in Pirani v Esmail was asked to determine the appropriate way to determine the quantum of damages when no accounting records are available. In a 2-1 decision, the majority held that the expert’s reconstruction of accounts was not reliable given the near absence of accounting records. However, the dissenting judge…
The Ottawa case of Hawkins v Hawkins Estate provides a well articulated summary of the grounds for the removal of estate trustees. In addition, it provides an interesting discussion regarding disclosure of a solicitor’s file after the death of the testator. The late John Hawkins ran a farming business near Ottawa and owned large parcels of land….
Cerquiera v University Health Network presents an interesting discussion of s. 38(3) of the Trustee Act, which establishes a 2-year limitation period on any action commenced by or against an estate. The Cerquiera estate sued the University Hospital for negligence in relation to the death of Mr. Cerquiera. Mr. Cerquiera died in 2009; the action…
The recent Ontario Superior Court decision of Lamoureux v Lamoureux illustrates the care with which clients and counsel must take when submitting evidence to court. Without proper forethought, a party may unintentionally waive solicitor-client privilege. André Lamoureux brought an action against Charles Lamoureux in 2007 (unfortunately, the recent decision does not explain what the originating…
Justice DiTomaso recently released an interesting costs decision following his reasons in the case of Stevens v. Fisher Estate (blogged on earlier this year by Jasmine Sweatman on All About Estates). Due to the good conduct of the parties, the Court ordered each side to bear its own costs. By way of quick recap of…