lawyer and client at desk

Drennan v. Drennan: The Cost Consequences of “Scorched Earth” Estate Litigation

In Drennan v. Drennan,[1] Justice Myers of the Ontario Superior Court made a $60,000 costs award against the respondents in an application and concluded that their conduct amounted to an abuse of process and resulted in a loss of value to the estate. This case serves as a harsh warning to parties who act in…

Court concept Hourglass and judge gavel on table

Two- or Ten-Year Limitation Period for Equitable Trust Claims Against Estates? Case Comment on Ingram v Kulynych Estate

On September 12, 2024, the Ontario Court of Appeal released their decision in Ingram v Kulynych Estate.[1] The Court considered which limitation period to apply to a constructive trust claim against an estate: the two-year limitation period under s. 38(3) of the Trustee Act[2] or the ten-year limitation period under s. 4 of the Real…

judge banging gavel
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Best to Have Clean Hands When Accusing a Trustee of Delay

In a recent, 2024 Ontario Superior Court of Justice decision, Estate of Angela Sebanc v. Peter Sebanc1, Justice Bloom considers, among others, granting a motion to dismiss ongoing litigation in light of significant delays in proceedings. Facts: Angela Sebanc passed away on February 26, 2017 and was survived by her five children, including Victor and…

people fighting over legal document

Court Sanctions Lawyer for Use of Privileged Documents

The Supreme Court of British Columbia highlights the importance of solicitor-client privilege in De Cotiis Estate. The lawyer representing one of the estate’s beneficiaries, made numerous references to privileged documents in various court documents. The deceased’s former lawyer and executor brought an application to prevent the deceased’s son from continuing to use privileged documents in…

Last will and testament with wooden judge gavel

Court of Appeal Upheld Lower Court’s Decision to Rectify a Will

In the recent Court of Appeal decision, Ihnatowych Estate v Ihnatowych, 2024 ONCA 142, the court held that under the common, law, the courts can rectify deficiencies and errors in a Will. The courts should be concerned with a testator’s intentions not being followed because of errors or deficiencies in a Will. Re Estate of…

An Overview on Capacity Assessments in Ontario
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An Overview on Capacity Assessments in Ontario

Ontario law operates on the presumption that adults possess the capacity to make decisions unless proven otherwise. An individual is deemed incapable of decision-making if they fail to comprehend the pertinent information related to the decision at hand, or if they lack an understanding of the consequences associated with either making or abstaining from making…

Elderly couple consulting lawyer about will at wooden table indoors
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Ethical Practices in Estate Law When Dealing with Elderly Clients

Navigating the complexities of elder abuse is paramount for lawyers in Canada, particularly when serving elderly clients. The unique vulnerabilities that accompany advanced age, coupled with the intricacies of legal matters such as estate planning and guardianship, create risk for potential exploitation and mistreatment. Lawyers must be acutely aware of the signs and risk factors…

Old couple make will

Ontario Superior Court Rules That Previously Revoked Will Can Be Revived With a “Holographic” Note

In the recent case of Estate of Harold Franklin Campbell (Re), 2023 ONSC 4315, the Ontario Superior Court of Justice concluded that the handwritten notes of the deceased served to revive his final will and testament. Facts Harold Franklin Campbell passed away on June 11, 2020, survived by his two children from his first marriage,…

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Legal Limbo: Ontario Court Says No to Resulting Trusts – You Can’t Have Your Cake and Eat It Too!

In the recent case of Falsetto v. Falsetto, 2023 ONSC 1351[1], Justice Bell decides on the issue of whether a resulting trust can be established in a situation where property title is placed in a third party’s name, primarily to comply with the Planning Act[2]. This case highlights the importance of documenting intentions when transferring property to…

Book with title Guardianships and childrens picture

Navigating the Legal Landscape: Guardianship Laws and Regulations in Ontario

The Purpose of Guardianship Guardianship in Ontario grants legal authority to individuals to act on behalf of others incapable of decision-making due to reasons such as mental illness, developmental disabilities, or aging-related issues. The primary objective of Ontario’s guardianship laws is to ensure decisions made for the incapable person are in their best interests and…