A case review of Merklinger v. Merklinger[1. 1992 CarswellOnt 304, (1992) W.D.F.L. 1429, (1992) O.J. No. 2201, 11 O.R. (3d) 233, 43 R.F.L. (3d) 109] Imagine this fictional scenario. Jane comes to her lawyer because her louse of a spouse has disinherited her. The husband, Pete, had grown to…
It was 1948 and this wheat farmer got off his tractor and by mistake put it in reverse. It moved backward and trapped the poor guy catching one of his legs under the rear wheel of the tractor. He had enough freedom of movement to move his arms and hands, but could not reach the controls. His wife finally discovered him, but by the time she got him to the hospital his injuries overtook him and he died. When they examined the tractor the next day they discovered that the farmer scratched the following on the fender, “In case I die in this mess, I leave all to the wife. Cecil Geo. Harris.” This incident took place in Saskatchewan. The court accepted the writing on the fender as a holographic will. What would have happened if it took place in Ontario today?
The vast majority of lawyers and mediators in the field appear to believe that mediation leads to more cases settling faster at a lower cost. Mandatory mediation was introduced in Ontario on a test basis on January 4, 1999. In part, based on an independent 23-month evaluation of the pilot project, it became permanent. The results of that evaluation are set out in the Hann Report. It suggests that mandatory mediation results in 40% of cases being completely settled earlier in the litigation process. This raises questions about the nature of the cases that are still going to trial.
Imagine this scenario: Larry the Lawyer works for a large law firm. For ease of reference let’s call the law firm LLF. The clients love Larry. One such client - let’s call him Clint the Client - was so impressed with him that he appointed Larry the Lawyer as his sole executor. Clint the Client is worth about $200,000,000. Using the tariff as a guide, the executor fees might be as much as $10 million. So does Larry the Lawyer or his firm LLF become entitled to the executor fees?
Generally, buyers who are unable to close the purchase of real estate risk losing their deposits, even if the seller suffers no loss. However, there are instances where a seller would be required to return the buyer's deposit regardless of several factors.
You signed the Agreement of Purchase and Sale (the “APS”) to purchase a new development property, you paid the deposit, but the seller has since breached their own obligations under the APS. You are now having second thoughts about moving forward with the purchase of that new home. Can you get out of the APS?
Solicitors working with clients to draft Wills and create estate plans are in an optimal position to deal with anticipated probate litigation. This blog will set out the law on testamentary capacity and techniques to create and preserve evidence to fend off challenges. Also discussed are the implications of a lawyer’s duty to a client when receiving instructions and conducting assessments.
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.
In many ways, Watson v. Herom is a typical will challenge case. The litigants are sisters and the plaintiff was challenging their stepfather’s last will and testament, which excluded her and left the entirety of his estate to the defendant.
Applying for probate can be cumbersome, expensive, and can delay the administration of an estate. Unfortunately, it may be a practical necessity. The executor often needs to prove that they have legal authority to administer the estate in order to deal with certain types of estate assets. This is especially true in cases where the estate holds substantial assets, such as real property or a portfolio of investments in public corporations. That being the case, probate is not always required, and may even be avoided in some high-value estates.