In The News

The Rights of a Surviving Spouse – Spousal Election

I just finished watching Mrs. America, the recent TV series that chronicles the fight by women in the 1970s to enshrine the Equal Rights Amendment (ERA) in the US Constitution. First proposed in 1921, the ERA sought to mandate equality between men and woman. In 1972, Congress passed the ERA, but they could not obtain […]

Dependant’s Relief Claims, Estate Administration, Estate Litigation, Forms of Relief, In The News, Limitation Period, Other Claims & Remedies Against Estates, Spousal Elections, Valuation of Estate Assets

A Not So Pleasant Dispute: Is Mount Pleasant A Charitable Trust?

Despite Mount Pleasant’s bucolic name, some of the issues surrounding the cemetery recently have been less than… pleasant. The decision to close for Mother’s Day (and the previous closure) due to COVID-19 was controversial. While maintaining social distancing is important, giving residents the ability to use midtown Toronto’s “Central Park” (as one city councilor referred

Court Procedure, Estate Litigation, In The News, Trusts

Testamentary Freedom – A Fundamental Right?

Whether testamentary autonomy is a constitutionally protected right has not been considered by the courts … until now. The rules of testamentary succession (i.e. wills and estates) are governed by provincial law. While each province and territory has its own set of statutes, most have imposed some requirements that the deceased make “adequate provision” for

Court Applications to Interpret a Will or Trust, Dependant’s Relief Claims, Estate Planning, Forms of Relief, In The News, Legal Opinions on Estate Administration, Other Claims & Remedies Against Estates

Sealing One’s Fate: The Sherman Murders, Probate and Perseverance

The Sherman murders remain famously unresolved and still generate headlines and notoriety. But, for better or worse, life moves on and Barry’s and Honey’s respective estates (collectively the “Sherman Estates”), however mundane, need to be probated and administered. In that regard, the Court of Appeal for Ontario (“OCA”) recently released a decision on an appeal

Estate Administration, Estate Litigation, Forms of Relief, In The News, Other Claims & Remedies Against Estates

The Open Court Principle Against Protecting the Dignity and Privacy of the Victims of Crime: Quite the Balancing Act

The Ontario Superior Court of Justice was recently tasked with balancing two rather weighty legal principles in Toronto Star Newspapers Ltd. v. Sherman Estate, 2018 ONSC 4706. The particular facts of this case also afforded the Court with the opportunity to reflect on the particular nature of estate files more generally. Background Barry Sherman and

Court Procedure, In The News
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