The Ontario Court of Appeal’s decision in Marcus v. Cochrane (released March 20, 2014) provides a clear statement of the court’s willingness to take a hard look at the proportionality of costs awards, and reduce costs substantially, if necessary. The appeal arose out of a claim that Louise Marcus (“Marcus”) brought against her former lawyer, Carol Ann […]
In reasons delivered last week in Michipicoten First Nation v. Michipicoten First Nation Community Trust, Justice Varpio emphasized that objections to trustee accounts must be specific. If objections are too vague, then the objectors run the risk of having their objections struck. An added risk of delivering vague objections is that the lack of specificity will result
The Ottawa case of Hawkins v Hawkins Estate provides a well articulated summary of the grounds for the removal of estate trustees. In addition, it provides an interesting discussion regarding disclosure of a solicitor’s file after the death of the testator. The late John Hawkins ran a farming business near Ottawa and owned large parcels of land.
Cerquiera v University Health Network presents an interesting discussion of s. 38(3) of the Trustee Act, which establishes a 2-year limitation period on any action commenced by or against an estate. The Cerquiera estate sued the University Hospital for negligence in relation to the death of Mr. Cerquiera. Mr. Cerquiera died in 2009; the action
Estate Trustees are often under pressure to distribute estate funds to beneficiaries as soon as possible. Beneficiaries may express frustration about having to wait for an estate trustee to receive a tax clearance certificate or respond to other administrative issues, such as collecting assets. When probate has not been granted to an estate trustee because
