Why does it Matter? Determining whether an order is final or interlocutory is important for litigators considering the proper avenue of appeal. In Ontario, appellate jurisdiction is distributed to two courts. A final order of a Superior Court Justice is appealable to the Court of Appeal as of right, and an interlocutory order is appealable Read More
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
Sometimes an individual who has an interest in an estate (i.e. a beneficiary), does not want or need to participate actively in the litigation. The application or action may name the individual as a respondent or defendant but not seek any relief against her. The individual may be named as a party in the litigation Read More
Dear Readers, You may remember my previous blog of February 2021, where Ontario welcomed the new tort of internet harassment. The recognition of new common law torts is not an everyday occurrence. Coincidentally, a year later, in February of 2022 Ontario welcomed another new tort: the tort of family violence. After an intensive 11-day trial, Read More
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
