Legal Papers

Trustee Liability: When Will A Trustee Be Excused

by: , February 16, 2007

When errors by a trustee cause losses to a trust, the question arises as to who should be forced to bear the weight of those losses: the beneficiaries or the trustees?  On the one hand, it seems unfair that a beneficiary should lose because of the mistakes of someone who is in charge of administering…read more

Rose v. Rose – A Family Tragedy

by: , January 23, 2007

Rose v. Rose is a recent Ontario case that deals with marriage breakdown, disillusioned children, and the finality of an irrevocable trust. Brian and Janice were married and had two daughters.  In 1992, Brian and Janice transferred a ski chalet and cottage into trust for the benefit of their daughters.   Brian was the trustee for…read more

Security for Costs Motion

by: , January 31, 2006

Motions for security for costs provide a means for a defendant to ensure, before litigation proceeds too far, that there is a fund of money in place to pay the defendant’s costs, should the defendant be entitled to costs. By forcing the plaintiff to pay money into court, a security for costs motion acts as…read more

The Real Cost of Litigating

by: , December 15, 2005

McDougald Estate v. Gooderham (2005), 17 E.T.R. (3d) 36, 255 D.L.R. (4th) 435 (ON CA) represented the end of the era of estates being used as “ATM machines” out of which litigants could recover their full legal fees.  In this foundational case, the Court of Appeal for Ontario held that, just like all other civil litigation, the…read more