Compensation for Attorneys for Personal Care

by: , March 2, 2021

Today’s blog was written by Tyler Lin, student-at-law Good Deeds Deserve Fair Rewards: Daniel Estate (Re) and Ontario’s Common Law Scheme for Compensation for Attorneys for Personal Care Last year, I wrote a blog exploring the theme of whether bad deeds deserve punishment in dependant support claims (the answer: not always). This blog explores whether…read more

What Is a Formal Application to Pass Accounts?

by: , September 28, 2020

Estate trustees, attorneys for property, guardians of property and trustees of a trust (collectively referred to here as “fiduciaries”) are all obligated to keep detailed records, or accounts, of their management of assets. Fiduciaries can be compelled to pass accounts by those with an interest in the trust property or by those with a close…read more

Stuart v. Stuart: When Spouses “Separate” Due to Changing Medical Needs

by: , September 4, 2019

Separation for medical reason affects married spouses whom are forced to live apart due to one’s changing medical needs or deteriorating health. In Stuart v. Stuart, 2019 ONSC 4328, the Ontario Superior Court of Justice was asked to assess how a physical separation due to a spouse’s admission to a long-term care facility impacts the…read more

To Remove or Not to Remove … That is the Question

by: , February 6, 2019

Estates tell a million stories and the case of Ford v Mazman, 2019 ONSC 542, is just one of them. Mary died on April 3, 2017. Mary’s 2004 Will named her two nieces, Laura and Carleen, as sole beneficiaries. Mary appointed her close friend, Seta, as her estate trustee/executor. Laura had travelled to Ontario from…read more

Limiting the Limitations Act

by: , November 27, 2018

Estate trustees must be ready at all times to account for their management and administration of an estate.  There is no statutory requirement for an estate trustee to formally pass his or her accounts.  However, the court may order an estate trustee to do so.  As part of the estate accounting application, beneficiaries can file…read more

But Everything’s Depending on the Way the Wind May Blow [1]

by: , April 2, 2018

Can an estate trustee move to strike a beneficiary’s Notice of Objection to Accounts in the face of their Application to Pass Accounts, based on any of the Limitations Act, 2002, and/or laches and acquiescence? This was the discreet, though important, issue considered by the Ontario Superior Court of Justice in Wall Estate, 2018 ONSC…read more

Passing of Accounts: Adjusting An Estate Trustee’s Compensation

by: , January 5, 2015

In a recent passing of accounts case, the court reduced the estate trustee’s compensation for the following reasons: – No compensation should be charged on investment losses listed as capital disbursements; – The costs connected to the sale of real property (real estate commission, property taxes, and legal fees) are not to be included when…read more

Passing of Accounts: A Math Problem Explained

by: , August 14, 2014

In a recent blog post entitled “Things Lawyers Know,” I laughed out loud when I read #13:  “Lawyers are word, not number people.  If their fee went up 10%, few lawyers would know how much extra they received.” Math often comes into play in an estates litigation practice, particularly in the context of a contested passing of…read more

In the Absence of Accounting Records, What are the Options?

by: , May 1, 2014

The Ontario Court of Appeal in Pirani v Esmail was asked to determine the appropriate way to determine the quantum of damages when no accounting records are available. In a 2-1 decision, the majority held that the expert’s reconstruction of accounts was not reliable given the near absence of accounting records. However, the dissenting judge…read more

Salvador Dali, Melting Clocks, Financial Incapacity, and the Removal of an Attorney for Property!

by: , April 3, 2014

“If the drawing of the clock was akin to Salvador Dali’s paintings, it would not bode well.” Colourful words from Justice Whitten who relied on the court’s parens patriae jurisdiction to remove an attorney for property. The drawing of an ordinary clock is often administered to determine “intellectual acuity”.  Salvador Dali’s iconic image of a…read more