Articles 2022

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Today

Case Commentary: Spence v. BMO Trust Company, 2016 ONCA 196

  • May 10, 2016
  • Matthew Furrow

Spence v. BMO Trust Company is a recent and noteworthy decision of the Ontario Court of Appeal that defines the limits of the court’s power to strike down testamentary provisions on the basis of public policy.

Trusts and Estates Law

Minors on Title to Real Property

  • May 10, 2016
  • Elizabeth Seo

Minors can be registered as owners of real property in Ontario in their own names without the requirement of a trustee on title. This has several implications, including the need to involve the court and the Office of the Children's Lawyer in proposed transactions involving a minor's real property.

Trusts and Estates Law

The Admissibility of Hearsay Evidence in Guardianship and Capacity Proceedings

  • April 11, 2016
  • Yana Nedyalkova, J.D.

Applications for guardianship of an incapable person frequently involve the use of evidence that is technically hearsay. The courts are seldom rigorous in applying the common law hearsay evidence rule in guardianship and capacity proceedings, although the rule is observed more carefully in contentious guardianship applications.

Trusts and Estates Law

One Change Ontario Could Make to Protect Testamentary Freedom

  • March 08, 2016
  • Areta Lloyd and Lynne Daubaras

In Ontario, property consequences upon marriage can be drastic. This particularly causes problems in second or subsequent late-life marriages where a person's testamentary capacity may be compromised. Other provinces have addressed this with new succession laws; Ontario can make a similar change.

Trusts and Estates Law