A certificate of pending litigation (commonly referred to as “CPL”) provides notice that a legal proceeding has been commenced questioning the owner’s interest in land. In order to be effective, a CPL must be issued by a court and registered on title to the land in dispute. Once it has been registered on title, a Read More
The occasion may arise that a testator’s intentions as expressed in their Will are unclear. The ambiguity may be the result of drafting errors in the Will or a change in circumstances between the date the testator signed the Will and the date of death, but this change is not addressed in the Will. In Read More
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, Read More
Litigation comes with its own jargon which is not easy to decipher. In Ontario a lawsuit/court proceeding is categorized as either an action or an application. What’s the difference? The terms are defined in the Rules of Civil Procedure, but these definitions are not terribly useful at first blush; an action is defined as “a Read More
Can you apply for the removal of the estate trustee? Section 37(3) of the Trustee Act provides the court with legislative authority to grant an order removing an estate trustee upon the application of: -any executor or administrator desiring to be relieved from the duties of the office, or -any executor or administrator complaining of Read More
