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

Ontario Welcomes New Tort of Internet Harassment

by: , February 17, 2021

This blog was written by Tyler Lin, Student-At-Law Ontario tort law has come a long way from its common law heritage days of the snail in a ginger beer. As modern society continues to evolve concurrently with the internet, the law has been striving to keep up. Any tool can be used for good or…read more

Marriage, Divorce, and Wills – Unforeseen Consequences

by: , January 25, 2021

As estate lawyers, we are often asked how to avoid litigation after someone dies. While there is no way to guarantee that conflict will not arise after death, it is always helpful to have a plan; in other words, make a will. However, even if you have made a will, your job does not end…read more

Fraud’s Cost Consequences

by: , January 18, 2021

At the end of litigation, the unsuccessful party is usually ordered to pay part of the legal fees of the winning party. The ever-present threat of having to pay costs to the winning party can act as a powerful disincentive for making groundless or unsubstantiated claims. The risk of being on the wrong end of…read more

The Father of My Children: Court-Ordered Paternity Testing

by: , November 2, 2020

This blog was written by Tyler Lin, student-at-law In the Quebec case of Adoption – 091, Dubois J. made reference to the Latin maxim: “Mater semper certa est, pater incertus,” which means: the mother is always certain, but the father, uncertain. This phrase sums up the historical treatment of paternity before the relatively recent advent…read more

What is a “Common Law Spouse”?

by: , October 27, 2020

In Canada, every person is afforded certain protections in the event they get divorced. For example, there are statutes in place to help determine how the couple will divide their property and whether one of them is entitled to child support or spousal support (and what amount). However, not every couple in a committed, long-term…read more