In this video, two senior lawyers address a colleague's innovative approach on how to defend a claim for support by a child who mistreated their parent.
Ontario’s courts and legislature offer an avenue for dependants to challenge how the estate of the deceased is distributed. While a testator generally has the right to dictate what happens to his/her assets upon death, certain relationships create responsibilities that limit this testamentary freedom, and a court might order that the estate pay the dependant support from the estate, over and above what the testator had intended. But what happens if the dependant mistreated the testator or, in the most egregious cases, caused the testator’s death?
In this video, lawyers discuss the factors judges consider when children seek court orders to compel a parent to have their capacity assessed. This issue arose in Abrams v Abrams and the lawyers talk about how the court dealt with the issue and what people need to consider when pursuing this type of litigation.
An individual who is determined to be incapable of managing their affairs may require a guardian to oversee and assist them. The Substitute Decisions Act 1992, (the “SDA”) provides that “An order appointing a guardian of property for a person shall include a finding that the person is incapable of managing property and that, as a result, it is necessary for decisions to be made on his or her behalf by a person who is authorized to do so.” But what happens if that individual refuses to have a capacity assessment to determine if they are in fact incapable?
As litigators who often prosecute claims against lawyers accused of negligence, we have observed first-hand the types of mistakes that are often made by lawyers. These mistakes generally stem from a failure to stay informed about the relevant law and/or to adopt and follow best practices when carrying out their duties. Increasingly, we anticipate that best practices will include utilisation of technical innovations. In this blog, we explore some of the ways in which such innovations may assist lawyers in avoiding malpractice errors and thereby reduce negligence claims.
In this very short video lawyers discuss the executor’s duty to account and a seminal case where a judge refused to award any compensation and drew an adverse inference because the executor failed to provide an honest accounting.
Plene administravit which is Latin for “fully administered” is a doctrine and defence that is available to an estate trustee when a creditor brings a claim against the estate, but there are no, or insufficient assets in the estate to satisfy any judgment and costs.
In this blog, I discuss the framework for Motions for interim Dependant support and compare and contrast two Court decisions to assist the reader to better understand under which circumstances a Court might be more likely to grant interim Dependant support.
Evaluating whether a limitation period may apply to prevent a party from pursuing their claim involves a two-stage analysis. First, the court must determine when a claim was “discovered”. Second the court will determine whether the applicant/plaintiff commenced a “proceeding” within the required time period.
Netflix’s recent hit docuseries, “Tiger King: Murder, Mayhem, and Madness”, chronicles the true story of the self-professed “Tiger King”, Joe Maldonado-Passage, also known as “Joe Exotic”. Joe was an eccentric private zookeeper, country music singer, and one-time candidate for Governor of Oklahoma who is currently serving a 22 year federal prison sentence for hiring a hitman to murder his rival, Carole Baskin, as well as other wildlife-related offences. Believe it or not, this bizarre story from the big-cat world raises legal issues pertaining to the law of estates.
The COVID-19 pandemic has caused a precedent-setting drop in the stock markets across the globe. Could executors be held liable for the estate’s losses in their stock portfolios? The case of Groome Estate v. Groome, 2016 ONSC 7850 (“Groome”) is a cautionary tale to those estate trustees that make speculative investments on behalf of an estate.
The task of an estate trustee is rarely an easy one. Much less so when a beneficiary of the estate was born in 1925, is believed to have lived in the United Kingdom, and whose whereabouts are not forthcoming from any of the deceased’s family members. On top of this, he is rumoured to have had an affair with his sister-in-law, after which he was threatened by his brother and may have had reason to go into hiding. The above facts are drawn from a real case, Steele v. Smith, which was recently decided in Ontario. Did the estate trustee in this situation have an obligation to attempt to find the elusive beneficiary? What should he have done if he couldn’t find him? These questions, and other related legal issues, will be discussed in this blog.