“He knows where the bodies are buried” is a throwaway line from Orson Wells’ cinematic masterpiece, Citizen Kane. That line soon took on a life of its own and entered the cultural vernacular. In the world of estates, a more frequent problem is not finding the bodies but deciding where to bury the bodies. In […]
Did William die? If so, when? These were the central issues addressed in Steele v. Smith, 2018 ONSC 4601. There, the Court had to consider whether the estate trustee of William’s sister’s estate should receive a “Benjamin Order”, permitting the estate trustee to distribute the residue of her estate as if William had predeceased her. The
Is the fact that one is a chronic alcoholic enough to deprive them of their testamentary freedom? In Dujardin v. Dujardin, 2018 ONCA 597, the Court of Appeal for Ontario explored this issue when it was tasked with determining the validity of two wills that were executed by a known drunkard. Background Jacques Henry Dujardin
Dueling banjos might get more attention ‘round most parts, but dueling promissory notes can be just as exciting. Take the promissory notes that were at issue in the Ontario Superior Court of Justice case Lacasse v. Middleton, 2018 ONSC 3461 (CanLII). In that case, the Court was called upon to determine a winner between two
The importance of a factum in litigation cannot be overstated. A factum is a party’s written submissions to the court. The factum summarize the facts of the case, the issues in dispute, and the law being relied upon (with the addition of “overview” and “relief sought” sections at the beginning and end of the factum,
