A recent Court of Appeal decision from Alberta dealt with the interpretation of a holograph will. The Court of Appeal upheld a lower court’s decision that the testator intended to create a trust but the trust failed since the objects of the trust were uncertain resulting in an intestacy. The case serves as a good reminder that…
One of the best ways for a litigator to learn is to sit in open court watching other litigators suffer through embarrassing court room experiences. In one of my early days appearing on the Estates List, I had one such experience, and the litigator’s lesson that day centred on the often-misunderstood deemed undertaking rule. On…
I was recently asked how parents can ensure that the guardian of their choice takes custody of their minor child or children in the event that both parents die simultaneously. In Ontario, parents (or any other person with custody of the child) can nominate someone to assume custody of their child immediately following their death,…
What is Canada’s Anti-Spam Legislation? – You’ve probably been receiving a lot of emails lately asking for your consent to receive further electronic messages. – These emails arise from new Canadian legislation with the not-so-memorable full title, “An Act to promote the efficiency and adaptability of the Canadian economy by regulating certain activities that discourage reliance…
A recent decision of Justice D. M. Brown, Re Estate of Albert Applegath III, provides an overview of the necessary steps a foreign executor must take to have her authority recognized in Ontario. Albert Applegath III died a resident of New Mexico. His will appointed his wife, Clavis, as executor of his estate. After applying…
We have been hearing a lot lately about secret audio/video footage – from late night wild rants at the Steak Queen to a pro-life liberal MP chided by a conservative sympathiser into calling Justin Trudeau’s recent stance on abortion a “bozo eruption”. If you google the words “secret taping”, a list of smart phone products appear,…
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…
In 1998, Ms. Tollis was declared incapable of managing her property. In the same year, the Public Guardian and Trustee (the “PGT”) became her statutory guardian of property. Ms. Tollis held an interest in a house along with her brother, Mr. Tollis. The interest in the house was Ms. Tollis’ primary financial asset. Shortly before…
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…
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),…