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Posts Categorized: Estate Litigation
179 ResultsIncreasing Access to Justice through Orders for Directions
The Supreme Court of Canada has emphasized access to justice as one of the top concerns facing the legal profession today (see our blog post summarizing the Supreme Court’s decision, Hryniak v Mauldin). Justice Brown of the Ontario Superior Court has made practical the Supreme Court’s directives in Re Estate of Ireni Traitses. Re Estate…read more
You Can’t Have It All: Hybrid Trials, Limited Discovery, and Modest Estates
Lorraine Coombs died on April 27, 2012, leaving an estate worth approximately $756,249.00. Her Last Will and Testament left her house and the residue of her estate to one of her four daughters, Susan Coombs (“Susan”). Two of her other daughters, Diane Fergueson (“Diane”) and Charlene Coombs (“Charlene”), each received $60,000 and another daughter, Donna…read more
In the Absence of Accounting Records, What are the Options?
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
Court of Appeal: Promise to Gift House to Son Unenforceable
The recent Ontario Court of Appeal decision in Kavanagh v. Lajoie serves as a reminder to folks on the receiving end of a promise not to count their chickens before they are hatched. In 2005, Mark Lajoie’s father promised to gift him a house in Ottawa. The father then transferred title to the house to himself and…read more
Mickey Rooney’s Estate and Shedding Light on Financial Elder Abuse
It is not surprising that Mickey Rooney’s estate may become embroiled in litigation. Mr. Rooney was married nine times; he was survived by a number of children and stepchildren, and was estranged from his current wife at the time of his death. Such full lives often lead to complicated estates. More troubling was that shortly…read more
Costs and Proportionality: Marcus v. Cochrane 2014 ONCA 207
The Ontario Court of Appeal’s decision in Marcus v. Cochrane (released March 20, 2014) provides a clear statement of the court’s willingness to take a hard look at the proportionality of costs awards, and reduce costs substantially, if necessary. The appeal arose out of a claim that Louise Marcus (“Marcus”) brought against her former lawyer, Carol Ann…read more
Objections to Trustee Accounts Must Be Specific
In reasons delivered last week in Michipicoten First Nation v. Michipicoten First Nation Community Trust, Justice Varpio emphasized that objections to trustee accounts must be specific. If objections are too vague, then the objectors run the risk of having their objections struck. An added risk of delivering vague objections is that the lack of specificity will result…read more
Trust In The Rules Of Civil Procedure To Protect Beneficiaries And Litigants
The Ottawa case of Hawkins v Hawkins Estate provides a well articulated summary of the grounds for the removal of estate trustees. In addition, it provides an interesting discussion regarding disclosure of a solicitor’s file after the death of the testator. The late John Hawkins ran a farming business near Ottawa and owned large parcels of land….read more
Limitation Period for Estate Claims
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…read more
B.C Estate Trustee Ordered to Pay Back Estate Funds
Estate Trustees are often under pressure to distribute estate funds to beneficiaries as soon as possible. Beneficiaries may express frustration about having to wait for an estate trustee to receive a tax clearance certificate or respond to other administrative issues, such as collecting assets. When probate has not been granted to an estate trustee because…read more