In a recent Ontario case, divorced parents each sought sole guardianship of their mentally incapable adult daughter. The parents, who divorced in the 1980s, were unable to work together as joint guardians of their 42 years old mentally incapable daughter (“Isabella”). While both parents, who are now in their 70s, agreed that it would be ideal […]
I recently travelled to Washington, DC. I was again reminded of the grandeur of a capital city and how well the Americans celebrate their past, Founding Fathers, and assorted heroes. American myth making can be beguiling. I had the opportunity to tour the Capital Building and George Washington’s ancestral home, Mount Vernon. It was at
Examinations for discovery can afford an excellent opportunity to determine the strength of the opposing party’s position. The discovery process also provides a chance to see a lawyer’s oral advocacy skills in action. But sometimes, a lawyer’s behaviour has the effect of disrupting the discovery process. In Tondera v. Vukadinovic, 2013 ONSC 6888 (CANLii), defence counsel
The recent endorsement of Justice Greer in McColl v. McColl illustrates the broad authority of the Court to appoint an Estate Trustee During Litigation (ETDL), and where warranted, to dispense with the requirement that the ETDL post a bond. The deceased was survived by his second wife, ex-wife and son from his first marriage. At the time
Courts are sometimes asked to determine if a “testamentary-like” document is a will. In British Columbia, an executor brought an action to prove in solemn form that a questionnaire that the testator (“Ms. Garnett”) filled out and signed before two witnesses shortly before her death was a will that could be submitted for probate. Ms. Garnett was
