It is often said that in a court battle there is a winner and a loser. The court must decide which facts and evidence it prefers and which party the law favours. After a decision is made by the judge who heard the application or trial, a party may “appeal” the decision to a higher […]
Today’s blog post was written by articling student Iryna Huk. On appeal, the court in James Estate (Re), 2024 ONCA 623 (CanLII) affirmed that the Superior Court of Justice has inherent jurisdiction to deny an application to appoint an estate trustee, even if the appointment is supported by the beneficiaries.[1] While courts generally defer to
The importance of service of court documents should not be overlooked, as improper service may result in a party being noted in default, which invariably leads to adverse consequences for a litigant. While service by e-mail has simplified and made the service of documents easier and more convenient in many respects, an originating process, for
In October 2023, my colleague Karen Watters wrote about the addition of section 21.1(1) to the Succession Law Reform Act, R.S.O. 1990, c. S.26 (the “SLRA”). Section 21.1(1) provides the Court with the power to validate a will or a document as valid and fully effective even if it does not comply with the regular
A recent Nova Scotia case, the Horley Estate, highlights the importance of insuring that the proper legal name for a charity is included in a will. Often, that is more difficult than it first appears as the names of charities and institutions can change over the years. The Public Trustee, who was administering the Deceased’s estate,
