Haines v. Haines Estate: Judge Warns of Potential Modern Day Bleak House in Litigation to Remove Estate Trustees April 01, 2013 Kimberly A. Whaley In the recent case of Haines v. Haines Estate 2012 ONSC 1816, Justice Nolan had these words of caution for the litigants...
‘An Open Road and a Fast Car’ - Petrodel Resources Ltd & Ors v Prest & Ors [2012] EWCA Civ 1395 April 01, 2013 John O’Sullivan In this decision rendered in October last year the English Court of Appeal sharply rejected the practice - adopted and developed in the Family Division over 25 years - of treating the assets of a company...
An Order for Directions is Not the Place to Exclude the Application of the Deemed Undertaking Rule April 01, 2013 Sean Lawlor In many estate litigation proceedings, the parties obtain an Order for Directions near the outset of the application.
Case Comment: Cameron (Re) (2011) 108 O.R. (3d) 117 April 01, 2013 Vince De Angelis Is a spouse’s acquisition of her late spouse’s interest in their jointly owned matrimonial home by way of survivorship a “transfer at undervalue” that can be set aside under s. 96 of the Bankruptcy and Insolvency Act?
Juzumas v Baron: A case of predatory marriage and financial abuse of a vulnerable, yet capable older adult April 01, 2013 Jaël Marques de Souza The decision of Juzumas v. Baron provides a tool kit for practitioners seeking to remedy a wrong created by a perpetrator of elder abuse.
Does Carrigan v Carrigan Estate Apply to LIRAs and LIFs? And an Important Update on the Carrigan Case April 01, 2013 Ann Elise Alexander Carrigan v Carrigan Estate is a case about pre-retirement spousal death benefits under the Ontario Pension Benefits Act.
Nizar Kanji v. Attorney General of Canada: McPeake Decision Distinguished and Rectification Not Granted April 01, 2013 Lucinda E. Main Justice Dorgan granted relief to the taxpayer from the application of subsection 75(2) of the Income Tax Act R.S.C., 1985, c. 1 (5th Supp.) in McPeake v. Canada (Attorney General) when the trust deed was rectified...
Estates and Trusts Brown Bag Lunch: January 15, 2013 April 01, 2013 Paul Trudelle Once again, we had a lively and informative discussion at our Brown Bag Lunch on January 15, 2013.
Case Comment: Carrigan v. Carrigan Estate January 01, 2013 Erin C. Cowling On October 31, 2012 the Ontario Court of Appeal released its decision in Carrigan v. Carrigan Estate, which will have an impact on who may be entitled to pension death benefits under the Pension Benefits Act.
A Note from the Chair of the Statutory Review Sub-Committee January 01, 2013 Vince De Angelis The Statutory Review Sub-Committee of the Trusts & Estates Executive has been working on a call to reform Ontario’s Estates Act as it pertains to bonding requirements.