Fraud’s Cost Consequences

by: , January 18, 2021

At the end of litigation, the unsuccessful party is usually ordered to pay part of the legal fees of the winning party. The ever-present threat of having to pay costs to the winning party can act as a powerful disincentive for making groundless or unsubstantiated claims. The risk of being on the wrong end of…read more

What Happens to My Pet When I Die?

by: , December 14, 2020

For many, the greatest loves of their lives are their furry (or scaly) friends. As a result, there is often a strong desire to make sure they are properly cared for after the testator’s death. How to accomplish this is not always straightforward. In Ontario, animals are considered personal property. This means that you can…read more

Dealing with Squatters in the Family Home

by: , December 9, 2020

This blog was written by Tyler Lin, Student-At-Law As all litigators know, there are two sides to every story. In the world of estate litigation, it is not uncommon for one side to view themselves as an invited guest entitled to remain in the family home while the other side views them as a squatter….read more

The Sherman Murders At the Supreme Court: Balancing Privacy with Openness

by: , November 10, 2020

Almost three years ago today, billionaire couple Barry and Honey Sherman were found murdered in their North York mansion. Their murderer(s) remain at large. In an unusual move, their probate files were sealed to protect the safety, privacy and dignity of the trustees and beneficiaries of their estates. This decision was appealed and now the…read more

The Father of My Children: Court-Ordered Paternity Testing

by: , November 2, 2020

This blog was written by Tyler Lin, student-at-law In the Quebec case of Adoption – 091, Dubois J. made reference to the Latin maxim: “Mater semper certa est, pater incertus,” which means: the mother is always certain, but the father, uncertain. This phrase sums up the historical treatment of paternity before the relatively recent advent…read more

What is a “Common Law Spouse”?

by: , October 27, 2020

In Canada, every person is afforded certain protections in the event they get divorced. For example, there are statutes in place to help determine how the couple will divide their property and whether one of them is entitled to child support or spousal support (and what amount). However, not every couple in a committed, long-term…read more

Medical Assistance in Dying (MAID) – Part II

by: , October 19, 2020

Attracting the interest of critics in criminal law, constitutional law, health law, elder law and beyond, MAID continues to be among the most hotly debated topics in the contemporary Canadian legal landscape. In 1993, the Supreme Court of Canada (“SCC”) rejected a Charter challenge to the Criminal Code provisions at the time which prohibited MAID…read more

‘Leave Them A Buck And They Can’t Challenge Your Will’ – Nope, Not That Simple

by: , October 5, 2020

A common myth about estate planning is that if you leave a nominal amount (say $1.00) to someone it prevents them from challenging your will. Like most urban legends, there is a grain of truth here – but it’s still a myth. This grain of truth is that one of the grounds to challenge a…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

What is a CPL and How Do I Get One?

by: , September 21, 2020

A certificate of pending litigation (commonly referred to as “CPL”) provides notice that a legal proceeding has been commenced questioning the owner’s interest in land. In order to be effective, a CPL must be issued by a court and registered on title to the land in dispute. Once it has been registered on title, a…read more