Justin de Vries

Medical Assistance in Dying (MAID) – Still Controversial

In Canada, MAID has now been legal since June 2016 when the Parliament of Canada passed federal legislation that allowed eligible Canadian adults to request medical assistance in dying. However, the issue is by no means settled and the courts have been frequently called upon to referee MAID’s implementation and application. By way of background,

Capacity, Capacity Litigation, Forms of Relief, Guardianship Applications, In The News

The Rights of a Surviving Spouse – Spousal Election

I just finished watching Mrs. America, the recent TV series that chronicles the fight by women in the 1970s to enshrine the Equal Rights Amendment (ERA) in the US Constitution. First proposed in 1921, the ERA sought to mandate equality between men and woman. In 1972, Congress passed the ERA, but they could not obtain

Dependant’s Relief Claims, Estate Administration, Estate Litigation, Forms of Relief, In The News, Limitation Period, Other Claims & Remedies Against Estates, Spousal Elections, Valuation of Estate Assets

Mediation vs. Arbitration – What’s the Difference?

I am often asked what is the difference between mediation and arbitration. That question is usually followed by another: is one better than the other? In this blog, I will examine the differences between mediation and arbitration and outline some of the advantages of each. Mediation Mediation is a form of alternative dispute resolution. It

Court Procedure, Estate Litigation, Estate Mediation, Forms of Relief, Legal Resources, Mediation

The Costs of Litigation and the Loser Pays Principle

When new clients embarks on litigation (to challenge a will or to remove an executor, for example), one of the first questions I am asked is whether they can recover their legal fees or costs from the estate or trust (as we all know, litigation can be expensive). The expectation is that the estate or

Costs, Court Applications to Interpret a Will or Trust, Court Applications to Remove an Executor / Estate Trustee, Court Procedure, Estate Litigation, Estate Mediation, Forms of Relief, Mediation, Other Claims & Remedies Against Estates, Will Challenges
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