Service Area: Estate Litigation

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Estate Litigation, Wills, Trusts and Estates

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Posted July 6, 2021

Death and taxes (income and estate administration) are the true certainties in life. Death is impossible to avoid but sometimes it is possible to arrange[...]

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Estate Litigation, Personal Injury

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Ted Masters

Posted July 5, 2021

What is an Examination for Discovery?

An Examination for Discovery (often called a Discovery) is an important part of the litigation process. It is a pre-trial process at which lawyers for[...]

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Estate Litigation

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Heather Austin-Skaret

Posted May 18, 2021

Appointing an Estate Trustee During Litigation

In discussing the roles that need to be filled when creating an estate plan we often spend a great deal of time talking about the[...]

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Estate Litigation

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Posted May 4, 2021

Resulting Trust: an Example of the Impact of Evidentiary Burdens and Legal Presumptions

In a recent decision from the Ontario Superior Court of Justice, The Estate of Pandke v. Lauzon et al. Justice Gordon considers the presumption of[...]

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Estate Litigation

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Posted April 6, 2021

The “Loser Pays” Cost Construct Remains Alive and Well in Estates Disputes

By way of a recent decision by Justice Sheard of the Ontario Superior Court, litigants in estates disputes are reminded again that the “loser pays”[...]

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Estate Litigation, Family Law

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Kate Wright

Posted March 29, 2021

Lack of Capacity in Family Law Matters: Use of the “Special Party” Rule

The recent decision in the case of Chai v. Law 2020 ONSC 6998 provides a useful summary of the procedural steps and evidence required for[...]

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Estate Litigation

By:

Heather Austin-Skaret

Posted March 15, 2021

Ontario Superior Court Clarifies Duty of Care in Intestacy

Toller Cranston, five time Canadian champion figure skater, two time Olympian and Olympic and World medalist, recipient of numerous awards and distinctions, a prolific and[...]

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Estate Litigation

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Posted February 9, 2021

Majorities Don’t Rule: Applications to Remove Estate Trustees

In the recent decision of Dewaele v. Roobroeck et al., Justice Sheard of the Ontario Superior Court of Justice considered an Application brought by a sister[...]

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Estate Litigation

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Posted February 4, 2021

Discussion re: Munro v. James (BCSC) Francis J.

The BC Supreme Court released a decision in 2020 that speaks to the somewhat unusual situation of a testator who has contracted away her right[...]