Articles

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.

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.

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.

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.

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.

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...

It is rare for courts to award relief or impose penalties greater than those sought by the parties themselves.

Lawyers must prepare a proper evidentiary record when capacity to make a will is at issue.

In this application to pass accounts, the beneficiaries of the estate had no objections to the accounts themselves; however, there were numerous objections raised regarding the compensation claimed....

Master Dash of the Ontario Superior Court of Justice in Toronto issued a decision in November 2012 reviewing the common law principles governing the payment of life insurance policy...