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Category: Practice Tips

Practice Tips |
Estate Litigation

Posted January 25, 2022

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[...]
Practice Tips |
Estate Litigation

Posted January 5, 2022

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[...]
Practice Tips |
Estate Litigation

Posted November 19, 2021

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[...]
Practice Tips |
Estate Litigation

Posted October 25, 2021

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[...]
Practice Tips |
Estate Litigation

Posted September 27, 2021

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[...]
Practice Tips |
Estate Litigation

Posted September 13, 2021

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[...]
Practice Tips |
Estate Litigation

Posted September 7, 2021

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[...]

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