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Mediation vs. Arbitration – What’s the Difference?

I am often asked what is the difference between mediation and arbitration. That question is usually followed by another: is one better than the other? In this blog, I will examine the differences between mediation and arbitration and outline some of the advantages of each. Mediation Mediation is a form of alternative dispute resolution. It […] Read More

Court Procedure, Estate Litigation, Estate Mediation, Forms of Relief, Legal Resources, Mediation

A Not So Pleasant Dispute: Is Mount Pleasant A Charitable Trust?

Despite Mount Pleasant’s bucolic name, some of the issues surrounding the cemetery recently have been less than… pleasant. The decision to close for Mother’s Day (and the previous closure) due to COVID-19 was controversial. While maintaining social distancing is important, giving residents the ability to use midtown Toronto’s “Central Park” (as one city councilor referred Read More

Court Procedure, Estate Litigation, In The News, Trusts

How Much Compensation Is An Estate Executor Entitled To?

After being appointed as estate trustee or executor of an estate, it can be unclear how much compensation can be claimed for administering the estate. In addition, beneficiaries often object to the amount claimed. How is executor compensation determined? In some cases, the will itself outlines the amount of compensation that may be claimed or Read More

Advice to Beneficiaries, Advice to Executors and Trustees, Estate Administration, Estate Litigation, Executor Compensation

Paying Funds Into and Out of Court

During the course of litigation, you may run into a situation where money is “paid into court.” Paying money into court is a way of protecting funds while the litigation is ongoing or until a minor reaches the age of majority. For example, where there is a dispute about who is entitled to insurance proceeds, Read More

Court Procedure, Estate Administration, Estate Litigation, Forms of Relief, Other Claims & Remedies Against Estates

Who makes decisions for me if I become incapable and have not made plans?

Before COVID-19, many of us had earmarked 2020 as the year we would get our affairs in order, including preparing powers of attorney for personal care and property. Unfortunately we may have not gotten around to it.  The pandemic has accelerated discussions about intubation, CPR and end of life care.  Additionally, many people, especially those Read More

Capacity, Guardianship Applications, Power of Attorney
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