Costs are the bane of the losing litigant and a constant concern for litigation counsel. Under our “loser pays” principle the threat of paying a winning opponent’s legal costs in addition to one’s own is a bitter pill to swallow; more so as predicting a costs award is notoriously difficult given the inherently discretionary nature of the court’s jurisdiction to award costs.
Trust companies and banks are often appointed by the courts to act as an Estate Trustee During Litigation (“ETDL”). They are sometimes considered the “best choice” because of their experience, resources, objectivity and integrity. However, in recent years many accountants and solicitors have taken on ETDL appointments. Given that they do not have the experience of the banks, this blog post seeks to provide practical advice and consideration for those who are contemplating taking on the role of an ETDL.
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.
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.
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?
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.
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.
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.
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.
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.