Being a Spouse Matters: Two Examples

by: , February 26, 2024

Ontario law recognizes two forms of spousal relationships: marriage and common law partnerships. While certain statutes may modify or create their own definition of common law partnership, the definitions found at s.1 and s. 29 of the Family Law Act, RSO 1990, c F.3 are the standard. As a reminder, in Ontario, a common law…read more

Cost Awards: A Breakdown

by: , February 13, 2024

One of the most common concerns voiced by litigants is how they can recover their costs of the litigation. In Ontario, you do not need to bring a separate claim against the opposing party to recover your legal fees. Rather, at the end of the litigation (or at the end of a particular step of…read more

Court Approval of a Settlement – A Refresher

by: , July 11, 2023

There are many reasons parties may settle a lawsuit: a settlement mitigates the risks of losing in court, and puts an end to the emotional and financial drain of litigation. If all the parties to the litigation are capable adults, there is no barrier to reaching (and implementing) a settlement: once the settlement agreement is…read more

How Do Judges Decide Who Is Lying?

by: , May 31, 2023

In nearly every lawsuit, opposing parties put forward different versions of events. After listening to the conflicting evidence, the judge has to make a decision about what really happened. The judge’s determination often hinges on an assessment of the reliability and credibility of the witnesses. Deciding whether a witness is reliable and credible is not…read more

Dead or Alive? It May Take Seven Years to Determine

by: , April 10, 2023

Doing the work of an estate trustee can be demanding and thankless. It usually involves endless paperwork and multiple visits to the bank. However, the job is made much more difficult when it is unclear whether the deceased is, in fact, dead. While it may seem obvious, death is usually confirmed by examining a body….read more

Am I a Spouse? The Mystery of Spousal Benefits

by: , February 13, 2023

Under the laws of Ontario, certain rights and benefits are conveyed to a “spouse.” However, there is not a universal definition of “spouse”: whether you qualify for spousal benefits depends on the governing statute. Below is a summary of some of the most common rights and benefits sought by a “spouse” on the death of…read more

Probating vs. Interpreting Wills: What’s the Difference?

by: , January 27, 2023

In the good ol’ days (before the 90’s), Ontario had two separate courts which were responsible for handling matters relating to wills and estates: the Surrogate Court and the Superior Court. The Surrogate Court had strict jurisdiction to deal with probate matters, such as determining whether a will was valid. In contrast, questions about the…read more

Examinations and Experts Don’t Mix

by: , November 21, 2022

Today’s blog was written by Chris Cook, student-at-law at de VRIES LITIGATION LLP. Examinations for discovery are a key step in the civil litigation process. By allowing parties to ask questions of the opposing party and witnesses before trial, the parties are able to gain a better understanding of relevant facts and documents. After examinations…read more

What is a Fiduciary?

by: , June 21, 2021

The term “fiduciary” does not get thrown around frequently outside of some advertisements for investment services. However, fiduciary relationships are at the heart of estate and trust law. What follows is a “Fiduciary FAQ.” What is a fiduciary? A fiduciary is a person who holds some right, power, or authority which, when exercised, impacts the…read more

Involving the PGT in Guardianship and Estate Matters

by: , May 4, 2021

Guardianship and estate disputes often present complex family dynamics touching upon a myriad of issues. Where the interests of an incapable adult are involved in litigation, the office of the Public Guardian and Trustee (the “PGT”) becomes involved. By way of background, the PGT functions in accordance with the Public Guardian and Trustee Act and…read more