In response to the COVID-19 pandemic, as public health measures to curb the spread of the virus are being implemented, we have ensured that our lawyers and staff have the tools and resources to work remotely. We have taken steps to guarantee that the timeliness and quality of our work remain unaffected and we remain fully accessible and committed to serving our clients as usual. In lieu of in-person meetings, we are encouraging our existing and potential clients to meet with us via video conferencing on Zoom and Google Hangouts or by telephone.

We wish you all health and strength during this challenging time.

Commercial and Estate Litigation Blog

Can Technology Help Wills and Estates Practitioners Avoid Mistakes?

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.
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Death Certificate

Tiger King: Murder, Mayhem, Madness and…Lessons About the Law of Estates?

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.
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Layoffs and COVID-19: Isolating the Issues

Given the unprecedented disruption wrought by COVID-19 in Ontario and around the world, both employers and employees may be asking themselves the following questions: 1. what is the difference between a layoff and being dismissed?; 2. does an employer have a statutory or common law right to lay off an employee absent a contractual provision explicitly or implicitly permitting layoffs to take place?; and 3. can an employee claim that a “layoff” is really wrongful dismissal and seek damages?
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Missing Benificiary

The Dilemma of the Missing Beneficiary

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.
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