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