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 […]
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
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
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.
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
