A recent Nova Scotia case, the Horley Estate, highlights the importance of insuring that the proper legal name for a charity is included in a will. Often, that is more difficult than it first appears as the names of charities and institutions can change over the years. The Public Trustee, who was administering the Deceased’s estate, […]
All too often the question of ownership over a piece of real estate is part of the larger puzzle of an estate dispute. If a party is asserting a claim of ownership over piece of real estate where they are not the registered owner, registering a caution on title or a certificate of pending litigation
Why does it Matter? Determining whether an order is final or interlocutory is important for litigators considering the proper avenue of appeal. In Ontario, appellate jurisdiction is distributed to two courts. A final order of a Superior Court Justice is appealable to the Court of Appeal as of right, and an interlocutory order is appealable
Dear Readers, You may remember my previous blog of February 2021, where Ontario welcomed the new tort of internet harassment. The recognition of new common law torts is not an everyday occurrence. Coincidentally, a year later, in February of 2022 Ontario welcomed another new tort: the tort of family violence. After an intensive 11-day trial,
In estate litigation, the practice of making secret or surreptitious recordings is not uncommon. It’s not unusual for tape recorders to be hidden around the home, or for phone calls to be recorded without the consent or knowledge of the other party. This begs three questions: (1) What do judges actually think of this practice?
