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You Can’t Have It All: Hybrid Trials, Limited Discovery, and Modest Estates

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 […]

Court Procedure, Estate Administration, Estate Litigation, Will Challenges

In the Absence of Accounting Records, What are the Options?

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

Contested Passing of Accounts, Estate Administration, Estate Litigation, Passing of Accounts

Salvador Dali, Melting Clocks, Financial Incapacity, and the Removal of an Attorney for Property!

“If the drawing of the clock was akin to Salvador Dali’s paintings, it would not bode well.” Colourful words from Justice Whitten who relied on the court’s parens patriae jurisdiction to remove an attorney for property. The drawing of an ordinary clock is often administered to determine “intellectual acuity”.  Salvador Dali’s iconic image of a

Passing of Accounts
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