Writ of Possession

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

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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

When is a Loan a Gift?

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A father’s intention to gift his children a substantial amount of money and benefit a favoured charity at the same time, albeit indirectly, was at the centre of a recent case decided by the Tax Court of Canada.  The case in question is Benquesus v. Canada [2006] T.C.J. No. 149.  Gift giving has never been

Estate Administration, Estate Litigation
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