Commercial and Estate Litigation Blog
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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When Might Unjust Enrichment Apply in Estates Litigation?

When Might Unjust Enrichment Apply in Estates Litigation?

Lawyers and laypeople alike may be aware of the equitable principle that no one should be able to profit from committing a wrongful act. The doctrine of unjust enrichment is similar and deals with transfers of property from one person to another where there is no valid reason to allow the transferee to retain the property. The doctrine has specific application in estates litigation.

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juristic reason

“Juristic Reason”

This blog is intended to look at the last part of the unjust enrichment test and what exactly the court means by “juristic reason” and what the courts have found such reasons to include.

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