Most people feel honoured and/or touched when they learn for the first time (they are rarely asked beforehand) that they are named as an executor or a trustee. However, the honeymoon quickly wears thin when it becomes apparent to the newly appointed executor or trustee how much work is often required. The prospects darken further […]
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 some public policy consideration applies,
Common Privilege Issues Faced by Estates Practitioners by Justin de Vries and Angela Casey
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 rule as an overarching principle
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 (the truly difficult client is
