As part of the Jewish High Holiday season, like many of my co-religionists I have gone through some introspection and wondered is there a case that defines me as a lawyer. Throughout my career I have had the opportunity to represent some very interesting clients and be involved is some very interesting cases. When I thought about it there were two very similar cases that came to mind.
In the ordinary course both the Estate Trustee and the Attorney for Property are entitled to be compensated for their work. What happens if they don’t follow the common law or statutory obligations that oblige an Estate Trustee or an Attorney for Property to keep proper accounts? What happens if they wrongfully take money or breach other obligations on them? Do they still get compensated or do they just get less money? Have the courts provided a clear red line that disentitles a trustee from receiving compensation?
Mediation is mandatory in any Estate litigation commenced in the city of Toronto, Ottawa or in the county of Essex. Motivation to settle is often fueled by tax considerations. As part of the settlement does it make sense for it to be allocated to the spouse or the children of the deceased? Often, there is an argument about ownership of a joint account. The surviving joint account holder claims that the deceased intended that the surviving joint account holder would receive the monies by right of survivorship. The other beneficiaries to the estate generally claim that there is a presumption…
So, legally speaking, when can a buyer rescind their agreement to purchase a property? When can the seller keep the deposit?
While it may be difficult to avoid litigation, when an elderly parent prefers one child in their estate plan over others, the case law does provide some guidance for solicitors acting for clients.
This is the second blog we have written about the Court of Appeal for Ontario’s decision in Vanier. The first blog dealt with the court’s comments regarding the propriety of capacity assessors opining on whether undue influence was exerted on the deceased. This blog will deal with undue influence in the context of a power of attorney dispute.
The Court of Appeal for Ontario’s decision in Vanier is a worthwhile read for lawyers who are dealing with the question of undue influence in the context of a power of attorney dispute. Many interesting issues were addressed including the appropriate test for undue influence, the onus of proof, and the applicability of the doctrine of suspicious circumstances.
A parent dies and the adult children become equal beneficiaries of the residue of the parent’s Estate.The Estate is primarily made up of income producing real estate holdings that remain profitable. Some of the siblings want to continue to operate the properties, while other siblings want the properties to be sold and converted to money to be distributed to the beneficiaries. Does a beneficiary have the right to force an executor to sell real property that forms part of the Estate?
I asked this question to several very experienced lawyers. Guess What? They each had a very different answer. Let’s start by taking a look at the statute.
One of the first things to happen when the relationship between a minority shareholder and the majority goes bad is that the minority is often denied information about the business. This may include being denied access to corporate records that are essential for any shareholder to know what is going on in their company.It is very common in oppression cases for a minority shareholder to be, or claim, that he or she has been “excluded” from the business. Being cut-off from corporate information can certainly be a form of exclusion. When the minority shareholder is not part of management, or has been excluded from management, the lack of information concerning the business can leave the shareholder completely in the dark about what is happening at the business and how it is performing financially. This is untenable for someone who has an ownership stake in the business – it is also contrary to the law.