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),
The Supreme Court of Canada has emphasized access to justice as one of the top concerns facing the legal profession today (see our blog post summarizing the Supreme Court’s decision, Hryniak v Mauldin). Justice Brown of the Ontario Superior Court has made practical the Supreme Court’s directives in Re Estate of Ireni Traitses. Re Estate
Lorraine Coombs died on April 27, 2012, leaving an estate worth approximately $756,249.00. Her Last Will and Testament left her house and the residue of her estate to one of her four daughters, Susan Coombs (“Susan”). Two of her other daughters, Diane Fergueson (“Diane”) and Charlene Coombs (“Charlene”), each received $60,000 and another daughter, Donna
The Ontario Court of Appeal in Pirani v Esmail was asked to determine the appropriate way to determine the quantum of damages when no accounting records are available. In a 2-1 decision, the majority held that the expert’s reconstruction of accounts was not reliable given the near absence of accounting records. However, the dissenting judge
