“Boomerang” and Partial Summary Judgment Motions
This blog seeks to explore and review “boomerang” and “partial” summary judgment motions, as well as to provide a brief overview on summary judgment motions in general.
Common disaster planning and the Estates of Barry and Honey Sherman
While the Shermans’ estate planning remains largely a mystery at this point, the unknown circumstances of their deaths give rise to a further legal issue which may or may not be consequential depending on the manner in which their will(s) were drafted. Where two or more people die at the same time or in circumstances where it is uncertain which of them survived the other, there are certain complications that may arise in the administration of their estates. This issue is discussed in more detail in this blog.
Consequences for a Guardian’s Failure to Consult: A case review of Sitko v. Gauthier Estate
Is an Attorney for Property obliged to share the financial records of the incapable person with his/her family? Are members of the family entitled to see the medical records of the incapable person or is the Attorney for Personal Care entitled to deny them access?
Sign the Release or You Don’t Get Your Inheritance
This blog addresses the question whether executors can make an interim distribution contingent on beneficiaries signing releases. The authors examine how the judge in Brighter v. Brighter case dealt with this situation.
Rebutting the Presumption of Resulting Trust – A Refresher
The Court’s decision in Fichera v. McAllister acts as an important reminder of the importance of creating a contemporaneous evidentiary record of a parent’s intention when gifting property to their adult children.
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.
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.
Challenger Beware – Costs Consequences in the context of Estate Litigation
The Ontario Court of Appeal’s decision in Hayward v. Hayward serves as a reminder that will challengers do not have carte blanche to make bald, unsupported claims against a deceased or the will.
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.
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.