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Posts By: Joanna Lindenberg
25 ResultsRule 49 Settlement Offers
As lawyers, we try to encourage our clients to take a reasoned and reasonable approach when it comes to pursuing (or not pursuing) ongoing litigation. There are times when there is no choice but to resolve a dispute in court, and there are times when settlement is the best avenue. However, when and on what…read more
The Litigation Guardian
Rule 7 of the Ontario Rules of Civil Procedure, R.R.O. 1990, Reg. 194 provides, in part, that unless the court orders or a statute provides otherwise, a proceeding shall be commenced, continued or defended on behalf of a party under disability by a litigation guardian. Generally, a party under disability is a minor (i.e. a…read more
Actions vs. Applications
Generally, a court proceeding is categorized as either an action or an application. Both actions and applications end with a judge making a decision (judgment); however, an action concludes with a trial and live witnesses and an application is conducted by way of a ‘paper trial’ (i.e. no live witnesses). In both cases, judges will…read more
The Major-Minor
In a previous blog (found here), I commented on the role of the Office of the Children’s Lawyer (the “OCL”) in representing the interests of a child under the age of 18, in cases in Ontario involving estates and trusts. There are various nuances to the OCL’s role in such matters. While settlements impacting minors…read more
Retrospective Capacity Assessments
Whether a deceased person had testamentary capacity to execute his or her will is a question often raised in estate litigation and is the subject of many will challenges. A contemporaneous assessment of a testator’s capacity is not always conducted, and sometimes, even if such an assessment was done, it may be flawed or unreliable…read more
The ETDL and You
Estate litigation cases often deal with multifaceted issues where family members feud about a variety of matters. Will challenges, dependant relief applications and passings of accounts are a few of the types of disputes which result in extensive, protracted and lengthy litigation. In such circumstances, parties often look to appoint an estate trustee during litigation…read more
“Separated” Spouses and Intestacy
The law is constantly evolving and being refined. Most recently, a provision was added to Part II of the Succession Law Reform Act (the “SLRA”), which deals with how an estate is to be distributed when there is no will. In particular, on January 1, 2022, section 43.1 was amended to add that there is…read more
Estate Trustee Compensation
An estate trustee is entitled to compensation for work performed in that capacity on behalf of an estate. Subject to any fee or compensation agreement, the general rule in Ontario is that an estate trustee is entitled to compensation in the amounts of 2.5% of all capital receipts and disbursements, and 2.5% of all revenue…read more
The Role of the OCL
de VRIES LITIGATION LLP often acts as agent lawyers for the office of the children’s lawyer (the “OCL”) in various proceedings. Generally, the OCL represents the interests of a child under the age of 18 in cases in Ontario. Minors’ interests are often at play in estate and trusts matters. For example, a minor may…read more
Notice of Objection to Accounts
A passing of accounts refers to the process whereby the court approves of the estate trustee’s accounts. The accounts provide, among other things, details relating to the estate’s capital and revenue receipts and disbursements. While an estate trustee can voluntarily bring an application to pass accounts or be compelled to do so by the court,…read more