It is not uncommon for an aging parent to want to give an extra benefit to the child who is looking after her. However, where this means favouring one child over another, litigation is often not far behind. Such was the case of Donis v Georgopoulous. In the well-written reasons of Justice Firestone, the court…
Conspiracy has been something of a hot topic in civil litigation in recent years. While a wide range of activities have been used as the basis for a claim in conspiracy, it is not frequently seen in the estate litigation context. That may change, however, as the tort continues to be adapted and modified by…
In the recent case of Cowderoy v. Sorkos Estate, 2014 ONCA 618, the Ontario Court of Appeal considered the question of how competing claims against an estate are to be appropriately balanced. Gus Sorkos and Victoria Cowderoy were in a common-law relationship until Victoria’s death in 2001. During that time, Gus became close with Victoria’s…
In 1998, Ms. Tollis was declared incapable of managing her property. In the same year, the Public Guardian and Trustee (the “PGT”) became her statutory guardian of property. Ms. Tollis held an interest in a house along with her brother, Mr. Tollis. The interest in the house was Ms. Tollis’ primary financial asset. Shortly before…
The Victoria Day long weekend marks the unofficial opening of cottage season. Unfortunately, in Ontario, spring is delayed, the lakes are cold, and snow still lingers on the forest floor (trilliums be damned). Nevertheless, a cottage case is just what the judge ordered to mark the start of the season. Clarke v. Johnson is a 2014…
The decision of the Ontario Divisional Court in Cerqueira Estate v Ontario provides a useful discussion of the differences between the limitation periods in the Limitation Act and in the Trustee Act. Whereas limitation periods under the Limitations Act begin running as soon as the cause of the claim is discovered (the principle of discoverability),…
Cerquiera v University Health Network presents an interesting discussion of s. 38(3) of the Trustee Act, which establishes a 2-year limitation period on any action commenced by or against an estate. The Cerquiera estate sued the University Hospital for negligence in relation to the death of Mr. Cerquiera. Mr. Cerquiera died in 2009; the action…
Courts are sometimes asked to determine if a “testamentary-like” document is a will. In British Columbia, an executor brought an action to prove in solemn form that a questionnaire that the testator (“Ms. Garnett”) filled out and signed before two witnesses shortly before her death was a will that could be submitted for probate. Ms. Garnett was…