Commercial and Estate Litigation Blog
Do I Need A Will?

Do I need A Will?

One of the most common questions I get asked when people find out what I do for a living is - Do I need A Will? My answer is always the same - I don’t know, but probably. I then go on to explain why I think having a will is important.
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Loan Or Gift And Limitation Periods

Loans and Limitations: Is this decision the real McCoy?

As discussed in our blog, Gift or Loan? A case review of Greco v. Frano, one of the issues frequently raised in estate litigation is how to characterize funds that were advanced to/by a deceased. These types of cases often focus on whether the funds should be considered to be a gift or a loan. One of the reasons the courts are faced with these types of claims so frequently is that these are non-arm's length transactions and family members often do not feel the need to document their intentions as they would if they were dealing with arm's length parties.
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Security For Costs

When can a defendant seek further security for costs?

Courts may order a plaintiff to pay money into court in certain prescribed situations as security for the defendant’s anticipated costs of the litigation. This is available to a defendant in circumstances where there is a likelihood that a defendant will have difficulty recovering costs from a plaintiff at the end of the litigation if the plaintiff loses and is ordered to pay costs to the defendant.
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Cryptocurrency

Tales from the Crypt:  Cryptocurrency and a case review of Canadian Imperial Bank of Commerce v. Costodian Inc. et al.

The wild swings in cryptocurrencies have created ripple effects in the world’s economy. This new type of currency has grown in value and popularity, in part, by the increased adoption by retail and institutional investors alike. There is little doubt that litigation will follow. One recent case is Canadian Imperial Bank of Commerce v. Costodian Inc. et al. Justice Hainey’s decision is quite interesting, because it provides a concise summary of how the respondent cryptocurrency exchange functioned and how complicated the process really is.
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Video Signing

Can The Execution Of A Will Be Witnessed Over The Phone? – How Far Will The Court Go In Adapting The Formalities Of Execution During Covid-19

Covid-19 has forced all of us and our institutions to adapt in unprecedented ways. The laws governing wills and estates are no exception. This blog explores some of the changes that Ontario has enacted, some temporary and others permanent, to allow for video conferencing during the execution of testamentary documents.
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