Court Procedure

Mediation vs. Arbitration – What’s the Difference?

I am often asked what is the difference between mediation and arbitration. That question is usually followed by another: is one better than the other? In this blog, I will examine the differences between mediation and arbitration and outline some of the advantages of each. Mediation Mediation is a form of alternative dispute resolution. It

Court Procedure, Estate Litigation, Estate Mediation, Forms of Relief, Legal Resources, Mediation

A Not So Pleasant Dispute: Is Mount Pleasant A Charitable Trust?

Despite Mount Pleasant’s bucolic name, some of the issues surrounding the cemetery recently have been less than… pleasant. The decision to close for Mother’s Day (and the previous closure) due to COVID-19 was controversial. While maintaining social distancing is important, giving residents the ability to use midtown Toronto’s “Central Park” (as one city councilor referred

Court Procedure, Estate Litigation, In The News, Trusts

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

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

Court Procedure, Dependant’s Relief Claims, Estate Litigation, Forms of Relief, Limitation Period

The Costs of Litigation and the Loser Pays Principle

When new clients embarks on litigation (to challenge a will or to remove an executor, for example), one of the first questions I am asked is whether they can recover their legal fees or costs from the estate or trust (as we all know, litigation can be expensive). The expectation is that the estate or

Costs, Court Applications to Interpret a Will or Trust, Court Applications to Remove an Executor / Estate Trustee, Court Procedure, Estate Litigation, Estate Mediation, Forms of Relief, Mediation, Other Claims & Remedies Against Estates, Will Challenges
Scroll to Top