Category: Practice Tips

Where a person is cross-examined on an affidavit to be used on a motion or application, the questions asked must be relevant to the matters[...]

In the case of a will, suspicious circumstances questioning capacity may be (1) circumstances surrounding the preparation of the will, (2) circumstances tending to call[...]

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[...]

Parties should be increasingly aware of the changed mood in our courts regarding the awarding of costs in estate litigation. The general rule has been[...]

Our courts are becoming increasingly frustrated with the filing of affidavit evidence in support of a position that is taken by a lawyer and is[...]

Westerhof (Westerhof v. Gee Estate, 2015 ONCA 206, confirmed the reach and extent of expert opinion from a participant expert, who is afforded an exemption[...]

In recent years judges have in their gatekeeping role become increasingly careful about whether they need an expert’s opinion, and the use and admissibility of[...]