Legal Papers

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

by: and , October 13, 2017

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

You’ve Been Appointed as Attorney for Property or Care – Now What?

by: and , May 16, 2017

It is now all too common that family disputes erupt over issues of capacity and managing parents’ property and personal care.  As society ages and people live longer, more disputes and litigation will inevitably and regrettably arise (and already do).  Clients come to lawyers seeking advice.  Common questions included: What are the duties and responsibilities…read more

Protecting Yourself While You Protect Others

by: , February 15, 2017

A constantly growing number of people are acting as attorneys for property and/or personal care due to the aging population. The role of attorney for property and/or personal care can be challenging in many ways, however, we do not often identify the attorney for property and/or personal care as the party requiring protection. This paper…read more

Recent Estate Cases that made a Difference and Why you Should Care

by: , November 16, 2016

2016 saw the release of numerous interesting and important estates and trusts decisions. Justin de Vries and Joanna Lindenberg have summarized the top cases from the year and explained their impact on estates and trusts law. Starting with a discussion of the Court of Appeal decision in Spence v. BMO Trust Company, this paper also touches on…read more

Passing of Accounts and Business Assets

by: , February 4, 2016

Passing the Trustee’s Accounts When There Are Business Assets At the beneficiaries’ insistence, or at his own initiation, a trustee[i] may apply to court to pass his accounts.  Once in court passing format, the accounts will list the deceased’s assets as of date of death, and trace any subsequent disposition of those assets.  However, where…read more

Cottage Succession Planning

by: , July 23, 2015

Cottages are treasure-troves of memories and are part of the Canadian psyche.  For many, the cottage is more than just a house by a lake. It is a place filled with memories of fishing and swimming and lying out under the stars on warm summer nights. It is therefore not surprising that most cottage owners…read more

Case Comment: Re: Estate of Dominico Grillo

by: , April 27, 2015

Can an Ontario litigant bring a will challenge here to set aside a will made in Italy?  This interesting question was recently answered affirmatively by Justice Newbould in the recent decision in Re Estate of Domenico Grillo. Read Angela’s case comment here.

Litigating Estate Disputes With Multi-Jurisdictional Assets

by: , April 22, 2015

In today’s increasingly cosmopolitan world, it is not unusual for someone to own property in more than one jurisdiction.  When a dispute arises with respect to the estate of a deceased with assets in multiple jurisdictions, there are several distinct but related issues that the estate litigator must consider.  First, one must consider which jurisdiction’s…read more

Is the Right to Privacy Lost on Incapacity?

by: , February 6, 2015

Everyone has a fundamental right to privacy. However, once a person becomes incapable of managing their own finances or health care decisions, their lives are inevitably made public to the person(s) stepping in to fill the role of decision-maker. Even for those not appointed a substitute decision-maker, it is common for family members and other…read more