The Rights of a Surviving Spouse – Spousal Election

by: , July 6, 2020

I just finished watching Mrs. America, the recent TV series that chronicles the fight by women in the 1970s to enshrine the Equal Rights Amendment (ERA) in the US Constitution. First proposed in 1921, the ERA sought to mandate equality between men and woman. In 1972, Congress passed the ERA, but they could not obtain…read more

Am I a Dependant? Can I Receive Support From the Estate?

by: , April 20, 2020

Generally speaking, everyone is free to decide who will inherit their property after their death. This is called testamentary freedom. However, this right is not absolute; the law in Ontario (and elsewhere in Canada) imposes limits on testamentary freedom in certain circumstances, and in particular, where the will of the deceased excludes or fails to…read more

Clash of the Limitation Periods

by: , February 21, 2020

The Limitations Act, 2002, SO 2002, c 24, Sch B, brought order and clarity to limitation periods in Ontario. However, the Limitations Act did not displace all existing limitation periods established by statute. Several carve-outs which are particularly relevant to estates litigators includes the Real Property Limitations Act, RSO 1990, c L.15 and s. 38(3)…read more

The Final Countdown

by: , October 5, 2018

As Justice S. Nakatsuru observed in the Ontario Superior Court of Justice’s decision in Sinclair v. Harris, 2018 ONSC 5718, “[n]o one likes to see a limitation period applied to dismiss a case”. That being said, and as we will soon learn, even if they result in less than satisfactory conclusions, there are good reasons…read more