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Posts Categorized: Uncategorized
65 ResultsA Limit on Testamentary Freedom: Dependant’s Support
There are limits on the freedom of a testator to dispose of her estate as she chooses. One of the limits is imposed by statute: a deceased must provide adequate provision for the proper support of her dependants. The Succession Law Reform Act, RSO 1990, c S.26 (SLRA) defines a dependant as (a) the spouse…read more
Abuse of Power of Attorney in Ontario: Criminal Liability in R. v. Ehrhardt
A recent Ontario case, R. v. Ehrhardt, 2025 ONSC 6850, highlights the serious consequences of misusing a power of attorney. A power of attorney comes with fiduciary duties, and those acting in this capacity are required to act in the best interests of the grantor. However, as this case shows, if that responsibility is abused,…read more
Beneficiary Designations Are Testamentary Dispositions
In estate planning, a testator can gift assets under a will, but there are also ways to arrange a testator’s affairs so that assets pass outside of the will and directly to the intended beneficiary. This includes beneficiary designations on investment accounts, and possibly, assets that are jointly held with the testator and another person. Such…read more
Beware of AI
The impact AI has on the legal practice continues to evolve and be examined by the Court. While arguably a useful tool in some instances, the Court has yet again warned counsel of the risks of using AI in written materials filed, and its patience is wearing thin. In the recent case of Kapahi Real…read more
Offers to Settle and Costs Awards
In estate litigation costs awards follow the “loser pays” principle. This means that generally the party who is unsuccessful in court will be ordered to pay a portion of the successful party’s costs. (There are factors that the court will consider that could deviate from the “loser pays” principle, such as where the litigation is…read more
When Joint and Severally Appointed Attorneys Disagree: How the Court Resolves Conflict Under a Power of Attorney
A grantor may appoint more than one person as attorney under a power of attorney and may specify whether those attorneys are to act jointly or “jointly and severally”. Where attorneys are appointed jointly, they must make decisions together and are collectively responsible for each other’s actions. By contrast, a joint and several appointment permits…read more
de VRIES LITIGATION’S Top 5 Blog Posts of 2025
The lawyers and articling students at de VRIES LITIGATION write two articles each month. The articles are shared by email and on social media. In 2025, these were the top five articles from the de VRIES LITIGATION blog. Solicitor-Client Privilege and Beyond – de Vries Litigation: What happens when a client dies? What becomes of…read more
Substantial Compliance
On January 1, 2022, Ontario moved away from being a strict compliance jurisdiction and towards a substantial compliance jurisdiction. This trend follows suit of many of Ontario’s provincial neighbours, such as British Columbia, Alberta, and Manitoba, among others. The change results from the introduction of section 21.1 of the Succession Law Reform Act (“SLRA”), which…read more
Reasons for Exercising Discretion
In a discretionary trust, the trustees are given complete discretion concerning distributions of income or capital. The trustees may have the discretion to choose the timing of the distributions, as well as the recipients, amounts, and conditions of the distributions. The trustees may also have the discretion to exclude any one or more of the…read more
Does having a Life Interest in a Property include the Right of Exclusive Possession?
After someone dies, the questions can sometimes become: who is allowed to live in their house? While the answer may be more straightforward for married spouses or for houses owned in joint tenancy, for example, that may not always be the case for common law spouses where legal title to the deceased person’s house was…read more