Commercial and Estate Litigation Blog
Freeze Assets

Going nuclear: Freezing assets with a Mareva injunction

Courts are generally loath to permit “execution before judgment”. The simple reason is that a plaintiff has not yet proven their case against the defendant. Tying up a defendant’s assets pending a trial that may be a couple years away may cause an inequitable result if the defendant is ultimately successful in showing that a plaintiff’s claim is unmeritorious. The freezing order could also make the defendant unable to defend itself or result in a “forced” settlement on terms that the defendant would not have otherwise agreed to.

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Financial Predators and Elder Abuse

In this video senior counsel describes a case scenario where a younger woman marries a vulnerable elderly man in order to swindle him out of his money. The issues canvassed include testamentary capacity, undue influence and the level of capacity necessary to marry.

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defining death

Defining Death – The Court of Appeal Weighs in on McKitty v. Hayani

How do we know when someone has died? This question has been the subject of debate in Western societies since at least the eighteenth century, and in modern times has become increasingly fraught due to advancements in medical knowledge and resuscitative technology. Historically, the conception of the moment of death was largely based upon cessation of a person’s breathing and heartbeat. However, in recent years most countries have accepted that “brain death” is an additional basis upon which to define death.

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passing accounts cost

Costs in Passing of Accounts

There are two ways a trustee can have their administration approved and be discharged. First, they may apply for a passing of accounts pursuant to section 23 of the Trustee Act. Alternatively, they “can avoid the cost and delay of a passing, and instead ask the beneficiaries to approve their administration and provide for their informal discharge directly” by way of a release.

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joint tenant

Severing A Joint Tenancy by Course of Dealing

One of the most important features of a joint tenancy is the right of survivorship. The right of survivorship means that when one of the owners dies, his or her interest in the property passes to the other named owner. To avoid this result and have an ownership interest pass to an estate, the joint tenancy must be severed so that each ownership interest is converted to a tenancy in common.

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