Estate Litigation

An Unwelcome Guest – Guardian of Property Obtains a Writ of Possession

In 1998, Ms. Tollis was declared incapable of managing her property.  In the same year, the Public Guardian and Trustee (the “PGT”) became her statutory guardian of property.  Ms. Tollis held an interest in a house along with her brother, Mr. Tollis.  The interest in the house was Ms. Tollis’ primary financial asset. Shortly before

Capacity Litigation, Estate Litigation, Forms of Relief, Guardianship Applications, Other Claims & Remedies Against Estates

Claims By or Against Estates Expire After Two Years

The decision of the Ontario Divisional Court in Cerqueira Estate v Ontario provides a useful discussion of the differences between the limitation periods in the Limitation Act and in the Trustee Act.  Whereas limitation periods under the Limitations Act begin running as soon as the cause of the claim is discovered (the principle of discoverability),

Costs, Court Procedure, Estate Litigation, Other Claims & Remedies Against Estates

You Can’t Have It All: Hybrid Trials, Limited Discovery, and Modest Estates

Lorraine Coombs died on April 27, 2012, leaving an estate worth approximately $756,249.00.  Her Last Will and Testament left her house and the residue of her estate to one of her four daughters, Susan Coombs (“Susan”).  Two of her other daughters, Diane Fergueson (“Diane”) and Charlene Coombs (“Charlene”), each received $60,000 and another daughter, Donna

Court Procedure, Estate Administration, Estate Litigation, Will Challenges
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