Legal Papers

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

FLA Spousal Elections & the Impact of Iasenza v. Iasenza Estate

by: , April 8, 2008

As is widely known, the Family Law Act[1] (“FLA”) allows a surviving spouse to elect to either receive benefit under the deceased’s will (or on an intestacy if there is no will), or receive an equalization of net family property under the FLA.  Normally, the surviving spouse seeks information regarding each of the options and…read more

Dependant Support: Claim by the Spouse, Common-Law Spouse, Same-Sex Partner or Ex-Spouse

by: , November 7, 2007

Introduction Part V of the Succession Law Reform Act [1] permits the dependant of a deceased person to apply to the court for an order of support where a deceased person has failed to make adequate provision for the proper support of the dependant. Who May Apply Dependants include the following persons: (1)     the…read more