The Difficulty of Rectifying a Will where the Solicitor Asserts No Error Was Made October 07, 2013 Matthew Furrow An Analysis by Contrast of Two Post-Robinson Cases
Children and Parents as ‘Wallets’: Support obligations September 04, 2013 Anastasija Sumakova A parent’s obligation to provide support to an adult child attending a post-secondary educational institution arises fairly frequently in family law cases. There is less jurisprudence dealing with the obligations of adult children to support their parents.
Case Comment: Burton v. Assaf, [2013] September 04, 2013 Elizabeth Bozek The Ontario Superior Court of Justice recently attempted to put an end to the longest running estate litigation case in Canadian history by finding the perpetual plaintiff to be a vexatious litigant.
McConnell v. Huxtable, Clarification of Limitation Period for Constructive Trust Claims? August 21, 2013 Kimberly A. Whaley The Ontario Superior Court of Justice recently released a decision on a summary judgment motion that attempts to provide clarity on the limitation period applicable to a constructive trust claim in the family law context.
Summary Judgment When Undue Influence is Alleged: Trotter v. Trotter August 21, 2013 Claudia Sgro Said Brian Schnurr in his classic text Estate Litigation: "The summary procedure will continue to be an effective method to quash a frivolous will challenge." The case of Trotter v. Trotter illustrates that Schnurr's statement continues to be true.
Margaret O’Sullivan to Receive 2013 OBA Award of Excellence in Trusts and Estates Law April 01, 2013 Melanie Yach On behalf of the Executive of the OBA Trusts & Estates Section, I am pleased to announce that Margaret O’Sullivan of O’Sullivan Estate Lawyers has been chosen to receive the 2013 OBA Award of Excellence in Trusts and Estates Law.
An Update on the Toronto Estates Court April 01, 2013 Jane E. Martin For those of you practising in and around Toronto there are a few changes of interest happening at the Toronto Estates Court, 7th floor, 330 University Avenue.
Can’t Get No Satisfaction (of Debts): The Doctrine of Satisfaction & Domestic Agreements April 01, 2013 Kathryn Balter Divorce is no longer a rare or scandalous occurrence, but it continues to complicate the practice of wills and estates law. Whether we are drafting a will or picking up the pieces of a messy estate litigation file...
Punitive Damages and More: The Consequences of Estate Trustees’ Egregious Conduct April 01, 2013 Andrea Tratnik It is rare for courts to award relief or impose penalties greater than those sought by the parties themselves.
Moore v. Drummond: Capacity to Make a Will April 01, 2013 Laura Brazil Lawyers must prepare a proper evidentiary record when capacity to make a will is at issue.