You’ve Been Served…I think!

by: , July 29, 2025

The importance of service of court documents should not be overlooked, as improper service may result in a party being noted in default, which invariably leads to adverse consequences for a litigant. While service by e-mail has simplified and made the service of documents easier and more convenient in many respects, an originating process, for…read more

Limits to the Court’s Will Validating Power under Section 21.1(1) of the SLRA

by: , July 22, 2025

In October 2023, my colleague Karen Watters wrote about the addition of section 21.1(1) to the Succession Law Reform Act, R.S.O. 1990, c. S.26 (the “SLRA”). Section 21.1(1) provides the Court with the power to validate a will or a document as valid and fully effective even if it does not comply with the regular…read more

Who Has A “Financial Interest” In An Estate?

by: , June 24, 2025

In matters and disputes involving estates, there are rules in the Rules of Civil Procedure which refer to persons who appear to have a “financial interest” in an estate. The description of a “financial interest” in an estate limits who may take certain steps in an estate dispute. One example is persons who may apply…read more

Participant Expert Evidence in Estate Litigation

by: , April 8, 2025

In some estate litigation the evidence of an expert witness can be a critical piece of evidence. Rule 53.03 of the Rules of Civil Procedure governs expert evidence and expert reports.  Section 52 of the Evidence Act addresses reports and evidence of practitioners who are identified as: (a) a member of a College as defined…read more

The Minimum Evidentiary Threshold to Challenge a Will Is Alive and Well in Ontario

by: , March 4, 2025

In the recent decision in Giann v. Giannopoulos, 2024 ONCA 928 (CanLII), the Court of Appeal for Ontario upheld the lower court’s decision dismissing a Will challenge application as the evidence failed to meet a standard called the “minimum evidentiary threshold”. This means that in order to be able to move forward with a Will…read more

Discretionary Trusts

by: , February 25, 2025

The validity and interpretation of wills often lie at the heart of estate litigation cases. However, disputes often centre upon other testamentary documents such as discretionary trusts. The purposes of this blog is to provide a brief overview of the characteristics of a discretionary trust. In a discretionary trust, the trust property is vested in…read more

When will the Court Remove and Replace an Attorney for Property?

by: , February 11, 2025

When executing a power of attorney for property, a person is free to choose whoever they want to act as their attorney for property when the time comes. However, it can sometimes be the case where a person’s named attorney for property, even their own family, take advantage of their position of power, and begin…read more

Accounting as Attorney for Property or Trustee de son tort

by: , January 27, 2025

The court can grant leave to compel an attorney for property to pass their accounts under s. 42 of the Substitute Decisions Act, 1992, SO 1992, c. 30 (“SDA”).  Whether or not the court will grant leave to compel a passing of accounts will be determined by considering the test set out in Lewis v….read more

Contempt and Custodial Sentences

by: , January 7, 2025

I previously blogged about orders for contempt and the nuances associated with seeking and obtaining this declaratory relief. This blog will take the discussion a step further and look at what penalties may be imposed upon a contemnor; in particular, the discussion will centre upon the penalty of jail time or a custodial sentence (these…read more

Can a beneficiary under a Will sign as a witness to the same Will?

by: , December 2, 2024

When executing a Will, one of the requirements is that two different people witness the testator sign the Will and then sign the will themselves as witnesses. This seems fairly straightforward, right? For example, where someone uses a lawyer to assist them with drafting their Will and visits the lawyer’s office to execute the Will,…read more