Legal Papers

Estates, Trusts and Capacity Case Law Update

by: , September 22, 2022

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

by: and , June 2, 2022

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

by: , March 22, 2022

The Superior Court of Justice in Ontario has not followed Calmusky with respect to beneficiary designations.

A Practical Guide to Capacity Assessments in Litigation

by: and , March 21, 2022

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?

by: and , October 25, 2021

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

by: and , October 25, 2021

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

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