Legal Papers
Navigating Limitation Periods in Estate Litigation
Limitation periods are widely regarded as the bane of a lawyer’s existence. Arguably, this is especially so for estate litigators, who are required to balance a number of different statutes each with their own unique limitation periods. For some general guidance on navigating limitation periods in estate litigation, check out the following paper co-authored by…read more
Near Death Decisions and Deathbed Wills
Last week, Justin de Vries presented at the Estate Planning Council of Canada’s All About Estate Planning event. For this talk, he co-authored a paper with Tyler Lin on the subject of Near Death Decisions & Deathbed Wills. We hope you enjoy reading this paper.
Estates, Trusts and Capacity Case Law Update
On September 23-24, Justin de Vries will be speaking at the Frontenac Law Association, 1000 Island Legal Conference in Gananoque, Ontario on the subject of Estates, Trusts and Capacity Case Law Update 2022. We hope you can attend. Happy reading.
Three Practical Tips for Navigating a Deathbed Retainer
Did you know that deathbed wills are the original will? In this paper published by the Law Society of Ontario’s annual Six-Minute Estates Lawyer 2022 program, Justin de Vries and Tyler Lin explore best practices for solicitors in navigating a deathbed retainer scenario. This paper is structured around three general tips for the consultation, pre-retainer…read more
Calmusky v Calmusky – An Update
The Superior Court of Justice in Ontario has not followed Calmusky with respect to beneficiary designations.
A Practical Guide to Capacity Assessments in Litigation
The determination of whether a person is incapable is ultimately a legal one not a medical/clinical one. While a report from a certified capacity assessor is not necessarily required, the convention among lawyers and the court is to rely on a capacity assessment as the best evidence of incapacity where capacity is in dispute.
Hotchpot Clauses: What Happens to Debts on Death?
In this paper co-authored by Justin de Vries and Tyler Lin, the authors deal with the “hotchpot clause”, a common estate planning tool. Part I of this paper addresses what is, and is not meant by this term with multiple meanings. Part II of this paper examines the three reasons for why, in the current…read more
Litigating Intangible Rights: Reputation, Digital Assets, and Endorsement Rights of Influencers
Rapid growths in technology can catalyze changes to the law. But what happens when that growth outpaces legal developments? In this paper, Justin de Vries and Tyler Lin examine the disruptive effects that recent breakthroughs in technology has had on the field of estate litigation. Part I of this paper covers the arrival of the…read more
Moore v Sweet: Unjust Enrichment and Constructive Trusts
The Supreme Court of Canada’s recent decision in Moore v. Sweet provides meaningful clarification on the Canadian law of unjust enrichment and the equitable concept of constructive trusts.
Reigning In Frivolous Will Challenges
In Seepa v. Seepa, Justice Myers declined to grant a consent order for directions in a will challenge case, and instead required the parties to argue the issue on the merits. In order to obtain disclosure and procedural rights in such cases, Justice Myers indicated that bald allegations of lack of testamentary capacity and undue…read more