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Posts Categorized: Estate Litigation
183 ResultsMandatory Mediation – A Binding Success
In 1999, a pilot program was implemented in Toronto requiring mandatory mediation for all estates, trusts, and substitute decisions matters. In 2002, mandatory mediation was expanded to Windsor and Ottawa. The pilot program was considered a success and mandatory mediation has been enshrined in rule 75.1 of the Rules of Civil Procedure (see the Ministry…read more
End of Life Decisions and the Substitute Decision Maker
When the end is near, decisions regarding food are up to the substitute decision maker In a recent article for the New York Times, Theresa Brown, a hospice nurse and author, described the story of an Italian grandmother who was caring for her dying husband. Her husband was long past the point of being able…read more
Marriage Contracts and Nursing Care
Caring for your aging spouse may be difficult and stressful without a support network. When the “healthy” spouse is too old and fragile to provide care, additional support or alternate accommodations for the ailing spouse must be found. Unfortunately, when one 80-year old wife made it clear to her children and step-children that she was…read more
Warring Trustees: More Isn’t Always Better
Two recent court cases look at the perils of choosing multiple estate trustees and attorneys for property. Often a testator will choose two or more of their children to act as co-estate trustees. They may feel that it would offend one of their children to not appoint them as an estate trustee or that…read more
When is an expert witness not an expert witness?
In Westerhof v. Gee Estate, 2015 ONCA 206, the Court of Appeal for Ontario heard appeals from Westerhof v. Gee Estate and McCallum v. Baker, two car crash cases which explored the nature of expert witnesses. The Court of Appeal concluded that witnesses with special expertise who give opinion evidence not formed for the purposes…read more
Unregistered Transfer of Property Can Be Valid
A recent decision in the Ontario Superior Court of Justice held that a deed of transfer of land can still be valid even if the deed wasn’t registered until after the transferor died. In the case, Sproul Estate v. Sproul, the testatrix, Ann Sproul, had purchased a house in 1989 with her husband, Leonard, together…read more
Corroborative Evidence of Deceased’s Actions
In P.M. v. Evangelista 2015 ONSC 1419 (CanLII), the court grappled with the requirement of corroboration in sexual assault claims where the defendant had died during the course of the litigation. P.M. claimed damages against the defendant Livia Evangelista, who was the administrator of the Estate of Luigi Evangelista, for sexual assaults, threatening, and harassment….read more
Ontario Has Jurisdiction Over Invalid Italian Will
Antonina’s father died during his vacation to Italy. She and her two siblings then received a purported handwritten will made just before his death which named their cousin Anna as a beneficiary. In Re Estate of Domenico Grillo, 2015 ONSC 1352, Justice Newbould found Ontario had jurisdiction over Antonina’s application to set aside this holograph…read more
Gifting Your House to Your Caregiver
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…read more
Tort of Conspiracy in Estate Litigation
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…read more