At the outset, there can be a lot of mystery surrounding estate litigation. Every person involved likely has a different story, and will reveal previously unknown information as matters progress and affidavits are exchanged. As new facts emerge over the course of litigation, a party may discover new claims arising from the same series of […]
In estate litigation, affidavits are a common and crucial source of evidence. On occasion, one party may take issue with an opposing party’s affidavit evidence. When this happens, the usual course of action is to challenge the admissibility of the affidavit evidence at trial or during the main hearing. However, in some circumstances, it may
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
Doing the work of an estate trustee can be demanding and thankless. It usually involves endless paperwork and multiple visits to the bank. However, the job is made much more difficult when it is unclear whether the deceased is, in fact, dead. While it may seem obvious, death is usually confirmed by examining a body.
Costs follow the event. This can be translated as the “loser pays” principle which has applied in estate litigation for many years now (since at least the seminal decision in Salter v. Salter Estate, 2009 CanLII 28403 (ON SC), decided by Justice D.M. Brown, as he then was). But in estate litigation there is often
