Justice David Brown: A Lasting Legacy

by: , December 22, 2014

Congratulations to Justice David Brown who was appointed to the ONCA this week. I am sure that I speak for the Estates Bar when I wish him well in his new role. Justice Brown had a profound impact on the Estates Bar (and beyond) and leaves a lasting legacy. He certainly imposed procedural rigour on the…read more

California Dreaming – The Right to Visit an Elderly Parent

by: , November 7, 2014

I recently came across this news article while reading about the litigation surrounding the final days of Casey Kasem.  The article detailed the recent enactment of new sections to California’s probate code which will come into effect January 1, 2016.  The changes will require “conservators” (a position comparable to Ontario’s court-appointed guardian of the person…read more

Being Removed or Renouncing as Estate Trustee?

by: and , November 4, 2014

Although they sound similar, there are important procedural differences between “removing” an estate trustee and “renouncing” the right to act as an estate trustee. Where the named estate trustee has not yet begun acting in her role as estate trustee (i.e. she has not yet undertaken any work administering the estate), she may “resign” or…read more

Beneficiaries Left Paying for Estate Trustee’s Mortgage

by: and , October 24, 2014

Can an estate trustee’s ability to mortgage an estate property be limited by s. 9 of the Estates Administration Act? This was the question recently addressed by the court in Di Michele v. Di Michele. Section 9 of the Estates Administration Act allows for real property to automatically vest in the beneficiaries of an estate…read more

Ethics and Lawyers: Changes to Ontario Rules of Professional Conduct

by: , September 25, 2014

Starting October 1, 2014, the Ontario Rules of Professional Conduct (ROPC) are being updated with a number of new rules, the first big change since 2000.  While many of the changes will likely be of interest to practitioners, there are a number of new rules that are intended to more clearly set out the relationship between…read more

Correcting a Mistake in a Will – What did the Testator Intend

by: , July 25, 2014

Elizabeth Ann McLaughlin died at the ripe old age of 98.  She was predeceased by her husband.  Together they had six children, including Daniel.  Daniel, as estate trustee, sought to rectify what he characterized as a solicitor’s mistake in his mother’s secondary will. For many years prior to her death, Mrs. McLaughlin had no relationship…read more

Claims Involving Land Enjoy Extended Limitation Periods

by: and , June 3, 2014

McConnell v Huxtable (ON CA) is a family law dispute with implications for estates and trust law. The parties were in a relationship from 1993 to 2007 – they were not married and did not have children together. The common law husband bought and sold two houses during the relationship and owned a third home…read more

Happy Long Weekend

by: , May 16, 2014

The Victoria Day long weekend marks the unofficial opening of cottage season.  Unfortunately, in Ontario, spring is delayed, the lakes are cold, and snow still lingers on the forest floor (trilliums be damned).  Nevertheless, a cottage case is just what the judge ordered to mark the start of the season. Clarke v. Johnson is a 2014…read more

Claims By or Against Estates Expire After Two Years

by: and , May 14, 2014

The decision of the Ontario Divisional Court in Cerqueira Estate v Ontario provides a useful discussion of the differences between the limitation periods in the Limitation Act and in the Trustee Act.  Whereas limitation periods under the Limitations Act begin running as soon as the cause of the claim is discovered (the principle of discoverability),…read more

Increasing Access to Justice through Orders for Directions

by: and , May 13, 2014

The Supreme Court of Canada has emphasized access to justice as one of the top concerns facing the legal profession today (see our blog post summarizing the Supreme Court’s decision, Hryniak v Mauldin).  Justice Brown of the Ontario Superior Court has made practical the Supreme Court’s directives in Re Estate of Ireni Traitses. Re Estate…read more