Orders for Contempt – Who, What, Where and How?

by: , April 8, 2024

The notion of having an individual cited or declared in contempt of Court is something litigants may hear about, but the nuances of obtaining a contempt order are worth reviewing. Generally, a motion for contempt may be brought when a person has failed to comply with the terms of a Court order. In particular, Rule…read more

Duties of a Guardian and Attorney – Who is a “Supportive” Family Member of Friend?

by: , April 1, 2024

When a person is acting as a guardian (of property or of the person) or an attorney (for personal care or for property), there are many duties that they must observe and comply with as set out in the Substitute Decisions Act, 1992, S.O. 1992, c. 30 (“SDA”). Acting in accordance with these duties is…read more

How Long Do You Have to Bring a Will Challenge?

by: , March 26, 2024

In Ontario, most legal claims are subject to the basic two-year limitation period set out in Section 4 of the Limitations Act, 2002, SO 2002, c 24, Sch B (the “Limitations Act”).  This basic limitation period requires legal claims to be brought within two years of the day on which the claim is first discovered….read more

Persons under Disability and Settlement

by: , January 29, 2024

Rule 1.03 of the Ontario Rules of Civil Procedure defines a person under a disability as being a minor or someone mentally incapable within the meaning of section 6 or 45 of the Substitute Decisions Act, 1992, S.O. 1992, c.30, in respect of an issue in the proceeding. In estate litigation, the rights of minor…read more

Dealing with the Debts and Liabilities of an Estate and Abatement

by: , January 22, 2024

It can often be the case that there are debts and liabilities attached to a deceased’s estate. This can include things such as taxes and debts in the form of loans, credit cards and funeral expenses, among others. One of the most important duties of an estate trustee is ensuring that all of the estate…read more

Seeking Court Approval of a Settlement in Writing

by: , January 16, 2024

Minors and incapable persons are protected in a variety of ways in Ontario’s court system. One form of protection comes through Rule 7 of Ontario’s Rules of Civil Procedure (the “Rules”). In particular, subrule 7.08(1) provides: “No settlement of a claim made by or against a person under disability, whether or not a proceeding has…read more

He said, she said, hearsay

by: , July 31, 2023

The basic rule of evidence is that all relevant evidence is admissible. However, there are exceptions to this basic rule. One of the main exceptions is the rule against hearsay. But what exactly is hearsay? Today’s blog post will be a very basic overview of a complicated, tricky legal concept. What is hearsay? In R….read more

Keeping Things Informal

by: , July 17, 2023

An estate trustee has an ongoing duty to keep track of funds coming into and flowing out of an estate, and to keep beneficiaries reasonably apprised. Unfortunately, in estate litigation, we are often confronted with cases wherein estate trustees fail to advise the beneficiaries of the financial activity in an estate. As such, it is…read more

Who to Sue?

by: , June 5, 2023

Launching a lawsuit and deciding to proceed with litigation is a big decision which requires thought and attention. One of the first matters to consider is who is going to be named as a respondent or defendant to a proceeding. In estates litigation, generally, any individual or entity with a financial interest in an estate…read more

Rule 49 Settlement Offers

by: , April 18, 2023

As lawyers, we try to encourage our clients to take a reasoned and reasonable approach when it comes to pursuing (or not pursuing) ongoing litigation. There are times when there is no choice but to resolve a dispute in court, and there are times when settlement is the best avenue. However, when and on what…read more