The Ontario Superior Court of Justice was recently tasked with balancing two rather weighty legal principles in Toronto Star Newspapers Ltd. v. Sherman Estate, 2018 ONSC 4706. The particular facts of this case also afforded the Court with the opportunity to reflect on the particular nature of estate files more generally. Background Barry Sherman and
In its costs decision for Campbell v. Evert (previously blogged about here), the Ontario Superior Court of Justice further distilled the rationale and policy reasons informing the “modern approach” to fixing costs in estate litigation. Background As frequent readers of this blog may recall, Dr. Ewert (the “Deceased”) passed away in 2011. She left behind
Where does one commence a legal proceeding? When can one transfer a proceeding to one’s own hometown? These are simple enough questions, but with answers that may surprise you. The recent Ontario Superior Court of Justice decision of Estate of Byung Sun Im, deceased, 2018 ONSC 2223, set out the answers clearly. Background Byung Sun
I had the privilege of hearing the Honourable Justice Thomas McEwen of the Ontario Superior Court of Justice speak at The Advocates’ Society’s Estates Litigation Networking Reception on November 23, 2015. Justice McEwen sits in Toronto and is currently the Civil Team Leader. Justice McEwen noted that the system of 9:30 a.m. scheduling appointments on the
The Law Commission of Ontario (LCO) has released its final report on a proposal for a new simplified probate procedure for small estates. The LCO’s report, which includes 15 different recommendations, envisions the creation of a process for estates valued at up to $50,000. In effect, the new system would be a simpler probate system that
