Under the Courts of Justice Act, the official languages of the courts of Ontario are English and French.[1] A party to a proceeding who speaks French has the right to require that it be conducted as a bilingual proceeding, meaning: – The hearings that the party specifies shall be presided over by a judge or…
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…
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…
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….
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…
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…
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…
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….
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…
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…