In April 2026, I wrote about the decision in Kunka Estate v. Giasson, which considered whether resulting trust principles apply to beneficiary designations on registered accounts such as TFSAs and RRIFs. Angela Giasson (“Angela”) was the named beneficiary of the accounts at issue, and was successful on the application. As such, the Court ordered that […]
The ‘Loser Pays’ Principle In estate litigation, costs awards follow the ‘loser pays’ principle. Generally, this means the losing party has to pay a portion of the winning party’s costs. Typically, the winning party is entitled to their ‘partial indemnity costs’ (i.e., the losing party pays 30-50% of the winning party’s costs). However, in some
One of the most common concerns voiced by litigants is how they can recover their costs of the litigation. In Ontario, you do not need to bring a separate claim against the opposing party to recover your legal fees. Rather, at the end of the litigation (or at the end of a particular step of
In Canada, at the end of a court proceeding, a judge will often order one party (usually the loser) to pay a portion of the other party’s costs. Costs are awarded at the judge’s discretion. As set out in s. 131 of the Courts of Justice Act, RSO 1990, c C.43: “… the costs of
In estate litigation, the practice of making secret or surreptitious recordings is not uncommon. It’s not unusual for tape recorders to be hidden around the home, or for phone calls to be recorded without the consent or knowledge of the other party. This begs three questions: (1) What do judges actually think of this practice?
