Legal Resources

Making Sense of Cost Awards in Estate and Guardianship Litigation: A Witch’s Brew?

| November 18, 2011
As noted by one jurist[1], to the extent that it was not clear prior, the Ontario Court of Appeal made it abundantly clear in McDougald Estate v. Gooderham[2] that the modern approach to fixing costs in estate litigation is to carefully scrutinize the litigation and, unless the court finds that…

Brave New World: The Cost of Proportionality in Will Challenges and Guardianship Disputes

and | April 14, 2010
Recent amendments to Ontario’s Rules of Civil Procedure (“Rules”) have introduced sweeping changes meant to make the civil justice system more affordable and accessible. The changes are the most significant in a generation; litigation in Ontario will not be the same. Among the changes is the addition of the proportionality…

Representing The Estate Trustee – What To Know And What To Avoid

and | February 16, 2010
It has been said that the “worst part” about practicing law is dealing with clients. A rather harsh assessment, but it is likely trite to say that advising a client is never straightforward or easy. No doubt, most lawyers can recount the trials and tribulations of successfully representing their clients…

Preserving, Holding, or Otherwise Dealing with Estate Assets during Litigation: What are the Options in Troubled Times?

| November 13, 2009
Will Challenges are becoming more common. Whether it is the result of the much-vaunted and long-heralded wealth transfer between generations, the aging of society, or an American inspired litigious approach to sorting out life’s inevitable disputes, Will Challenges will likely only increase in quantity and complexity. Laying the groundwork for…
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