Case Comment: Smith Estate v. Rotstein – Costs at the Court of Appeal March 01, 2012 Kaylie Handler Most readers will undoubtedly recall the decision of The Honourable Mr. Justice D.M. Brown in Smith Estate v. Rotstein.
Case Comment - Miller v. Miller: Ad Hoc Fiduciary Duty March 01, 2012 Ameena Sultan In Miller v. Miller, the Court considered the issue of a daughter’s fiduciary duty toward her mother.
Case Comment – Niziol v. Allen, 2011 ONSC 7457 (CanLII) March 01, 2012 Elizabeth Bozek The Honourable Justice Stinson was asked to determine whether a document handwritten by the deceased in 2001 was a valid holograph will and, if so, to what extent it had revoked the deceased’s earlier will that had been prepared in 1998 by a lawyer.
Case Comment: Rasouli (Litigation guardian of) v. Sunnybrook Health Sciences Centre, [2011] OJ No. 2984 (OCA) 29 June 2011 March 01, 2012 Saara Chetner Decision-making for another person near the end of that person’s life presents some of the most difficult and challenging situations, the Rasouli case is one example.
Breaking the Bonds that Bind: The Need to Reform the Bonding Requirements in Ontario's Estates Act March 01, 2012 Amy Cull In April 2010, the Ontario Bar Association substantially endorsed the adoption of the recommendations made some 20 years prior by the Ontario Law Reform Commission to modernize the bonding requirements set out in Ontario’s Estates Act.
Unexpected Benefits: How Lawyers and the Community Prosper from Pro Bono Work March 01, 2012 Heather Mountford Many lawyers enter the legal profession with the intention of helping others and contributing to pro bono endeavours.
Case Comment: Moffet Estate v. Irwin, 2011 ONSC 5420 – Use of Extrinsic Evidence in the Interpretation of Gift of Real Property in Will March 01, 2012 Lucinda E. Main In Moffet v. Irwin, the estate trustee brought an application for the interpretation of a provision in the Will of the late Alden Moffet.
Making Tax Rules for Charities More Flexible March 01, 2012 Wendy D. Templeton The tax rules governing charitable donations can be surprisingly complicated.