A Manner of Thinking – Estate Litigation, November 2021
Removing Trustees: The High Threshold is Met in Clayton v. Clayton et al.
A recent decision by Justice Corthorn provides a detailed and useful overview of the case law regarding the removal of Trustees. In the decision of Clayton v. Clayton et al. the Applicant, Daniel Clayton (“Dan”), sought the removal of the Trustees of a Family Trust and a Spousal Trust, which were created from the estate […]
Help! My House Sale Fell Through
You’ve found yourself in a very unfortunate situation – the buyer of your house has decided to back out of the transaction and has left you in a bind. While fairly rare, this situation has become more common in the COVID era with a hot seller’s market pressuring buyers to bid beyond their means and […]
The New Ontario Not-for-Profit Corporations Act (ONCA) is in Force. What Should I Do?
Now that the new Ontario Not-for-Profit Corporations Act is in force, you should (1) register for the new Ontario Business Registry, (2) determine whether ONCA applies to your corporation, and if it does, (3) review and update your constating documents to comply with ONCA and its Regulations; and (4) determine whether your not-for-profit corporation is […]
Does Your Separation Agreement Go Far Enough? Ensuring your Separation Agreement Includes a Release of Beneficiary Designations
Family Law Separation Agreements usually include a variety of release clauses; for example, there may be releases of spousal support and of a right to a further division of property. Most Separation Agreements will also include a release of rights to share in your spouse’s estate on death. In this blog we will look at […]
Removing a Trustee
Anyone who can be lawfully appointed a trustee can be lawfully removed. But not lightly. Grounds must be carefully considered, both individually and collectively. Section 5 of Trustee Act giveth and sections 5 and 37, with the help of rules 14.05(3) (a) and (c) and 75.04 of the Rules of Civil Procedure taketh away. But […]
Skills Set # 23: Decorum, Effectiveness and Excellence
Decorum To choose just one of several related definitions, decorum is “behaviour that is controlled, calm, and polite” and should be observed by barristers or solicitors alike, not as a matter of strategic expediency (which is unfortunately often the case), but as a means of striving for effectiveness and excellence. In its modern usage, decorum […]
Defences to OHSA Charges: Due Diligence Primer
Breaches of the Occupational Health and Safety Act (OHSA) are known as strict liability offences. Fundamentally, strict liability means that parties who are charged under the OHSA are limited in any potential substantive defences they bring forward in the attempts of proving their innocence. Besides procedural defences and strategies (which cannot be understated), and the […]
What Happens to Inheritances for Minor Children if You Don’t Leave a Will?
Since November is “Make a Will Month” in Ontario, I wanted to write about a question that often comes up in discussions I have not only with clients, but also with friends and family: what happens if I die without a Will and my children are minors? Distribution of Estate on an Intestacy In Ontario, […]