Commercial and Estate Litigation Blog

An invitation from the Court of Appeal for Ontario?

In the recent case of Lee v. Ponte, the Court of Appeal for Ontario considered a novel argument about limitation periods. Others have written about the decision, but what piqued our interest was the Court of Appeal’s comment at the end of its short decision.

Executors and Estate Administration – Are Trust Companies a good option?

Choosing an executor is a critical decision. Before choosing who should manage your estate when you die the most important task is to ask if the person contemplated is up to the job. The ideal executor will follow your wishes, know how to administer the estate, be honest and fair, and be prepared to do the job in a timely and proper fashion.

Can a Non-Resident Apply for Probate?

Section 5 of the Estates Act (the “Act”) states “Letters of Administration shall not be granted to a person not residing in Ontario”. The statute appears to be a definite and full answer to our question. But, when answering a legal question, a thorough reading of the statutes and secondary sources dealing with the question together with a full review of how judges interpret the statute is necessary. As the Armstrong case demonstrates, reading only one section of the Act could lead to an erroneous conclusion.

Can A Non-Party Attend At Discoveries?

Most people are not used to being involved in litigation. For all but the most experienced litigants, participating in the litigation process is stressful and often downright scary. One of the most anxiety causing steps is the discovery process. Representing frightened clients at discovery can be difficult.

Examinations and Document Production from Canadians: A Guide for US Attorneys

Courts in the United States frequently seek assistance from Canadian courts to compel residents to produce evidence, either by way of document production or examinations. These letters of request for judicial assistance, or “letters rogatory”, are statutorily permitted under Canadian federal and provincial legislation. Canadian courts give significant weight to…

Tax issues for Canadians Residing in the US

We have written two other case reviews concerning the decision in Rubner v. Bistricer. The first addressed the determination of the validity of a testamentary document while the testator was still alive and the second addressed with whether a letter was sufficient to create a trust. In this blog we are focusing on what appears to have been Brenda Bistricer’s driving motivation in taking certain positions.

Can you create a trust with an undelivered letter?

In Rubner v. Bistricer, Justice Myers of the Ontario Superior Court of Justice found that a simple letter created from the settlor was sufficient to create a trust.

Reviewing the validity of wills while a testator is still alive

The Rubner case is instructive for those dealing with elder issues, will drafting and the creation of trusts. Accordingly, we decided to write several blogs with a focus on how Justice Myers of the Ontario Superior Court of Justice dealt with these separate issues. This particular blog reviews how and why His Honour went about determining the validity of a will while the testator is still alive.

Is a Notice of Objection to Accounts subject to a limitation period?

There is a world of a difference between a fiduciary’s duty to maintain his accounts and whether a time limit exists for the beneficiary to request an accounting or to object to the accounts presented. In the context of an attorney for property’s obligation to disclose his accounts and produce his records, the regulations impose a duty on the attorney to give a copy of the accounts and records to specific people. Those regulations do not place a time limit on the people entitled to demand production.

What is a “child”?

What is a child? In everyday life, this is an innocuous question with a simple answer – you kind of know one when you see one. Whether you’re going to the movies, dining at a buffet, or riding the subway, what most people consider to be a “child” is clear, give or take a couple of years.

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Keith Marshall

16:20 06 Feb 19

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Patrick D

19:42 15 Jan 19

Mr. Wagner was genuinely a big help to me. I appreciated his directness and keeping our conversation on-track so that I'd come away with the information I really needed to proceed. Much appreciated.

David Brook

11:58 24 Sep 18

Charles Wagner and his junior, Matthew Stroh couldn't have been more helpful. They explained everything clearly enough for us to understand our options in full. Thank you.

Fahra Zommers

13:02 20 Jul 18

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Irwin Meisles

19:32 07 Sep 17

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12:54 06 Jul 17

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LB LB

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