Hull on Estates: Recent Episodes
The Lawyers of Hull and Hull LLP
Hull on Estates is a series of podcasts for the Canadian legal community dealing with issues and insights surrounding estate planning in Canada. Hosted by the lawyers of Hull & Hull LLP, the podcasts will touch on some of the key considerations when planning wills and estates
In this episode of Hull on Estates, Stuart Clark and Mandana Niknejad discuss the Ontario Superior Court's decision in Roberts v. Cowie and the evolving law surrounding limitation periods in will challenges. The discussion explores the distinction between probate proceedings and civil claims, the concepts of declaratory and consequential relief, and how Roberts v. Cowie may create a narrow pathway for certain will challenges to proceed beyond the two-year limitation period while considering the impact of earlier decisions such as Leibel v. Leibel and Wall v. Shaw. Citations for Cases Discussed: Roberts v. Cowie, 2026 ONSC 1412. Leibel v. Leibel, 2014 ONSC 4516. Wall v. Shaw, 2018 ONCA 929.
This week on Hull and Estates, Doreen So and Li-Mei Mayer discuss the recent court of appeal decision 1086289 Ontario Inc. (Urban Electrical Contractors) v. Welland (City), 2026 ONCA 352, which overhauled the Handley Estate rule governing the disclosure of partial settlement agreements in multi-party litigation. 1086289 Ontario Inc. (Urban Electrical Contractors) v. Welland (City), 2026 ONCA 352
On this week's episode, Natalia Angelini and Jordyn Sanford examine Ahluwalia v. Ahluwalia and the Supreme Court's recognition of the new tort of intimate partner violence (IPV). The discussion reviews the Court's three-part test and highlights the evidentiary and conceptual challenges associated with proving the third element, coercive control. The principal focus is on the decision's implications for estate litigation, including whether tort claims may be advanced alongside dependant support claims under the Succession Law Reform Act, the types of evidence required, the nature of damages available, and strategic considerations such as sequencing of remedies and the likely application of the limitation period under the Trustee Act.
In this episode of Hull on Estates, Jonathon Kappy and Jordan Sarah Head discuss when an apparent financial interest is sufficient to confer standing in estate proceedings, focusing on Will challenges and passings of accounts. They discuss Toronto-Dominion Bank v. Witoszkin, 2024 ONSC 921, to consider whether "moral watchdogs" have any standing in estate litigation.
In this episode of Hull on Estates, Nick Esterbauer and Osama Saleemi discuss D.R. v. A.R., 2026 ONSC 796, a recent decision of the Ontario Superior Court of Justice addressing guardianship of property under the Substitute Decisions Act, 1992, and when less restrictive options might be more appropriate. Case reference: D.R. v. A.R., 2026 ONSC 796 (CanLII),
In this episode of Hull on Estates, Stuart Clark and Filbert Yung discuss the rule against perpetuities as applied in Ottawa (City) v. ClubLink Corporation ULC 2021 ONCA 847 and 2025 ONCA 34. A medieval doctrine and long-standing source of anxiety for lawyers, the rule against perpetuities is brought sharply into focus with these decisions. Stuart and Filbert discuss the complex factual background leading to the litigation, the Court of Appeal's reasoning in both decisions, and key pitfalls lawyers should be mindful of when drafting agreements that impose interests in, or conditions on, land.
In this episode of Hull on Estates, Doreen So and Yalda Mostafaie discuss Estate of Sydney Monteith, 2023 ONSC 7246, in which the Ontario Superior Court of Justice considered whether a fostered but non‑adopted child could inherit on an intestacy. The episode examines the interaction between the Succession Law Reform Act and the Children's Law Reform Act, and the Court's strict statutory approach to defining "child" and "sibling" for intestate succession purposes.
This week on Hull on Estates, Natalia Angelini and Sofie Hector discuss Hernandez v. Hernandez, 2026 ONSC 1136, where the Ontario Superior Court of Justice awarded costs against a party who was successful on the legal issue before the Court, emphasizing that relative success does not shield a litigant from adverse cost consequences where their conduct undermines proportionality and the efficient administration of an Estate.
This week on Hull on Estates, Jonathan Kappy and Osama Saleemi discuss the passing of accounts in estate, trust, and fiduciary matters, with a particular focus on how the process can be used creatively beyond its traditional retrospective function. The episode examines the limits of passing accounts, the court's role in reviewing fiduciary conduct, and how trustees and other fiduciaries may use the process to obtain practical assurance for proposed interim distributions, while remaining mindful of the boundaries of judicial discretion.
This week on Hull on Estates, Nick Esterbauer and Li‑Mei Mayer discuss key considerations in guardianship matters, including the presumption of capacity, professional responsibilities when capacity is in issue, individual autonomy, and the termination of guardianship. These concepts are examined in context through the decision in Ying (Cindy) Zheng v. Long Zheng, 2012 ONSC 3045.
This week on Hull on Estates, Stuart Clark and Mark Debono discuss Gebremariam v. Menghesha, 2026 ONSC 545, where the Court exercised its power under section 21.1 of theSuccession Law Reform Act to validate a testamentary document that was electronically written, unsigned, and unwitnessed, in light of the section's apparent prohibition of electronic Wills.
This week on Hull on Estates, Doreen So and Mandana Niknejad discuss the Civil Rules Review Committee's Final Policy Report on the proposed changes to the Rules of Civil Procedure, focusing on their impact on estates proceedings and comparing the current model with the proposed framework, while sharing their hopes and concerns for the road ahead.
In this episode of Hull on Estates, Natalia Angelini and Jordan Sarah Head examine parentage disputes over intestate estates under the Succession Law Reform Act. They discuss how competing definitions of who qualifies as a "child" often lead to litigation, how DNA testing can streamline resolution, and how procedural, evidentiary, and familial considerations frequently complicate these proceedings.
In this episode Jordyn Sanford and Jonathon Kappy follow the escalation of a show-cause hearing in Ko v. Li arising from AI‑generated "authorities" embedded in a factum. We discuss the initial show‑cause order and the Court's emphasis on counsel's duties to verify citations, supervise staff, and use technology responsibly. We then cover the initial purging of contempt and the significance of the Rule 4.06.1(2.1) certification requirement for authenticating authorities in facta. Finally, we discuss the escalation to a criminal‑contempt show‑cause following a later admission of counsel that earlier statements to the Court were untrue.
This week on Hull on Estates, Doreen So and Geoffrey Sculthorpe discuss what it means to have the capacity to make life-changing decisions, especially when illness clouds the mind. In this episode, they dive into the landmark Ontario case of Calvert (litigation guardian of) v. Calvert, 1997 CanLII 12096 (ON SC), where Mrs. Calvert's ability to separate from and divorce her husband was fiercely contested due to her Alzheimer's diagnosis. Doreen and Geoffrey explore the legal capacity for separation, divorce, and instructing counsel through the voices of the family, lawyers, and medical experts in the case. Case reference: 1997 CanLII 12096 (ON SC) | Calvert (litigation guardian of) v. Calvert | CanLII
This week on Hull on Estates, Stuart Clark and Mark Debono discuss Mayer v. Rubin, 2017 ONSC 3498 where the Court exercised its inherent jurisdiction to appoint an Estate Trustee During Litigation, which is distinct from the conventional statutory authority relied upon to appoint an Estate Trustee During Litigation.
This week on Hull on Estates, Natalia Angelini and Darien Murray discuss the decision of Watson v Lopes, 2025 ONSC 5934, where the Ontario Superior Court awarded a common-law spouse a lump-sum amount in dependant's support based on the deceased's moral obligation, despite being unable to conclude he could not support himself.
In this episode of Hull on Estates, Jonathon Kappy and Boris Eng dive into the often-overlooked versatility of Applications for Directions under Rule 75.06. After outlining their traditional role in estate litigation, they explore some of the stranger and more creative ways these applications have been used — from seeking access to solicitor's files to resolving unexpected procedural or evidentiary roadblocks. A practical and entertaining look at one of the Estates List's most adaptable tools.
This week on Hull on Estates, Nick Esterbauer and Geoffrey Sculthorpe preview the 11th Annual Family Dispute Resolution Institute of Ontario (FDRIO) Conference, "The FDR Toolbox: Equipping Professionals for a Changing World," set to take place on November 6, 2025, at the Ismaili Centre in Toronto. Sponsored by Hull & Hull LLP, the conference is expected to deliver tools and insights for a wide range of professionals, including estates professionals, navigating the evolving landscape of family dispute resolution. For more information and to register for the conference, please visit: https://fdrio.ca/2025-annual-conference/
This week on Hull on Estates, Doreen So and Aaron Chan discuss the decision of Klemensiewicz v. Klemens et al, 2025 ONSC 4603, a case involving two issues: whether (1) monies given by a father to his children for the purchase of real property was held on resulting or constructive trust and (2) s. 4 of the Real Property Limitations Act applied so as to stay the application.
In this episode of Hull on Estates, Stuart Clark and Sumit Malhotra discuss disclosure rights of beneficiaries in context of corporations.
This week on Hull on Estates, Natalia Angelini and Shawnee Matinnia explore what happens when a testator’s intentions collide with the estate’s liabilities. They discuss the recent Ontario Court of Appeal decision of Stewart Estate v. Stewart, 2025 ONCA 575, where the court confirmed a fundamental principle: executors must satisfy liabilities before distributing assets, even if doing so undermines the testator’s intentions.
This week on Hull on Estates, Jonathon Kappy and Mark Lahn discuss the scope of relief from forfeiture and how this equitable remedy can be applied in the context of estate settlements. Cases discussed: Saskatchewan River Bungalows Ltd. v. Maritime Life Assurance Co., 1994 CanLII 100 (SCC) - Redstone Enterprises Ltd. v. Simple Technology Inc., 2017 ONCA 282 -
This week on Hull on Estates, Nick Esterbauer and Margarita Grup explore the nuanced world of mental capacity, discussing key legal principles and a landmark Supreme Court of Canada decision. They break down the nature of mental capacity, examine capacity standards in several different contexts, and highlight the importance of understanding an individual's ability to make reality-based decisions. R. v. Bharwani, 2025 SCC 26:
This week on Hull on Estates, Doreen So and Mandana Niknejad discuss proposed changes to the Ontario Rules of Civil Procedure and their implications for the civil litigation landscape, with a special focus on estate litigation. Consultation Paper referred to in the podcast:
This week on Hull on Estates, Stuart Clark and Grey Tiansheng Wen discuss the Saskatchewan Court of Appeal’s recent decision in CPC Networks Corp. v McDougall Gauley LLP, 2023 SKCA 90, a case with significant implications for lawyer file ownership and production obligations. The decision explores what portions of a lawyer’s file belong to the client versus what remains the property of the law firm, and how that distinction impacts disclosure—particularly when former clients request their full legal file or where litigation is ongoing. Stuart and Grey examine the Court’s clarification of key legal principles, including: The distinction between documents prepared for the client’s benefit and those created solely for internal firm use; The burden on lawyers to identify and justify withheld materials; And the recognition that document ownership does not necessarily determine production obligations in discovery. CPC Networks Corp. v McDougall Gauley LLP, 2023 SKCA 90 (CanLII), .
This week on Hull on Estates, Natalia Angelini and Geoffrey Sculthorpe discuss a major change in Quebec’s family law framework, with the introduction of the Parental Union regime, taking effect on June 30, 2025. Blogs referenced:
This week on Hull on Estates, Jonathon Kappy and Doug Higgins discuss the history and application of mutual will agreements – as well as some considerations for individuals and solicitors considering the use of this unique estate planning mechanism.
This week on Hull on Estates, Nick Esterbauer and Darien Murray explore the evolving role of AI tools in the legal industry. They discuss real-world application, risks to consider, and AI’s day-to-day impact in the legal profession. The link to the LSO resource centre on using technology and artificial intelligence is:
This week on Hull on Estates, Boris Eng sits down with Sydney Osmar to explore collaborative law, a new form of alternative dispute resolution making its way into estate law. Discover how this innovative approach can help reduce costs, preserve family relationships, and avoid the adversarial nature of traditional litigation.
This week on Hull on Estates, Doreen So and Aaron Chan discuss the decision of Panchyshyn v. Pietron, 2025 ONSC 2324, a case involving the Court’s exercise of its inherent jurisdiction to appoint interim executors and trustees in circumstances where an estate trustee requires a temporary leave of absence for health reasons. Panchyshyn v. Pietron, 2025 ONSC 2324
This week on Hull on Estates, Stuart Clark and Aleida Prinzen discuss the Ontario Court of Appeal decision of Beirat v. Khiyal, 2024 ONCA 790, where the Court examines the issue of standing as it relates to claims being brought on behalf of an estate. See also David M. Smith’s recent blog on the case . Beirat v. Khiyal, 2024 ONCA 790 (CanLII),
This week on Hull on Estates, join Natalia Angelini and Shawnee Matinnia as they explore Balkinsson v. Sandy, a case where a mother's attempt to reclaim gifted property was thwarted by her own text messages.
In this podcast, Jonathan Kappy and Ruth Aruliah discuss the Saskatchewan case of Haines v Kuffner Estate, which explored whether the proposed will was a valid testamentary document despite it not being executed in complete compliance with the formal requirements of The Wills Act and whether the same outcome would occur if this were done in Ontario.
This week on Hull on Estates, Nick Esterbauer and Megan Zanette discuss the possible legal and practical impact of probate, once granted, and the recent decision of Cooke Family Trust et al. v. Dioguardi et al., 2025 ONSC 370.
In this podcast, Doreen So and Mark Lahn discuss the case of Hotner et al v. Norman, which involves a daughter who depleted her elderly mother's estate while acting as her caregiver. Doreen and Mark examine the case and discuss the intersection of family caregiving, fiduciary duties, and the remedies available where vulnerable individuals experience financial exploitation.
This week on Hull on Estates, Stuart Clark and Aleida Prinzen discuss the recent Ontario Court of Appeal decision of Jackson v. Rosenberg, 2025 ONCA 48, which deals with joint tenancy, the presumption of resulting trust, and the implications of severing a joint tenancy during the transferor’s lifetime. Jackson v. Rosenberg, 2025 ONCA 48 (CanLII),
In this podcast, Natalia Angelini and Grey Wen discuss the case Tessaro v. Gore and the ultimate limitation period of 15 years which applies to negligence claims against will draft from the date of the act or omission, the negligent drafting – not from the date of death.
This week on Hull on Estates, Jonathon Kappy and Boris Eng discuss the intricacies of consent judgments and their interpretation through the lens of a pivotal Ontario Court of Appeal case. Discover how contractual principles shape legal outcomes and ensure clarity in court-approved agreements.
This week on of Hull on Estates, Nick Esterbauer and Mandana Niknejad discuss the Law Society of Ontario’s new requirement, effective January 1, 2025, for all lawyers in private practice to implement a client contingency plan. Nick and Mandana discuss what this means, explore approaches to effectively address the new requirement, and review some of the resources available through the Law Society’s website: .
In today’s podcast, Sydney Osmar and Sumit Malhotra discuss client capacity concerns and review the recent helpful guide released by the Law Society of Ontario.
This week on Hull on Estates, Doreen So and Doug Higgins further discuss the decision of Gomes v. Da Silva, 2024 ONCA 792 as part of our recent series of discussions regarding the confluence of different statutory limitations periods, and how limitations statutes are being considered in Ontario. Gomes v. Da Silva, 2024 ONCA 792
This week on Hull on Estates, Stuart Clark and Aaron Chan discuss the decision of Gomes v. Da Silva, 2024 ONCA 792, a case that concerns the 10-year limitation period under s. 4 of the Real Property Limitations Act. Gomes v. Da Silva, 2024 ONCA 792 (CanLII),
In today’s podcast Sydney Osmar and James Macfarlane discuss a recent decision out of the BC Supreme Court, Lam v Law Estate, where the court utilized its discretion under s. 60 of the Wills Estates and Succession Act to vary a gender-biased Will. Sydney and James use the decision as a springboard to discuss the differing legal frameworks in Ontario and BC regarding Will Challenges.
This Week on Hull on Estates, Jonathon Kappy and Darien Murray follow up on the conversation started by Natalia Angelini and Diana McBey in Episode 701 where they discussed the Ontario Court of Appeal’s decision in Ingram v Kulynych Estate. Jonathon and Darien examine the evolution of the law surrounding limitation periods that set the stage for this decision. Source: Ingram v Kulynych Estate, 2024 ONCA 678
In this episode, Nick and Ruth discuss the practical issues in Guardianship appointments and some of the considerations a family needs to take into account to be successful now and in the future.
In this week's episode, Natalia and Diana discuss Ontario Court of Appeals case Ingram v. Kulynych Estate, 2024 ONCA 678 (CanLII).
This week on Hull on Estates, Doreen So and Sara Racicot discuss Justice Dietrich’s decision from the Ontario Superior Court of Justice titled . The decision offers an in-depth examination of the fiduciary duties owed by an executor to the estate and its beneficiaries, along with the serious consequences that arise from any breach of these responsibilities. Spisak v. Spisak, 2023 ONSC 4726
This week on Hull on Estates, Stuart Clark and Geoffrey Sculthorpe discuss the recent decision of Kulyk v. Kulyk, pertaining to how the courts may deal with the unauthorized occupation of an Estate property, and the power the Estate Trustee has to sell Estate properties, including how the Estate Trustee derives their power from the testamentary instrument rather than from probate process. Kulyk v. Kulyk, 2024 ONSC 4213:
On this episode of the podcast, Natalia Angelini and Grey Wen discuss the recent decision by the name Drennan v. Drennan. Drennan v. Drennan, 2024 ONSC 3905 (CanLII)
This week on Hull on Estates, Jonathon Kappy and Shawnee Matinnia discuss the recent decision of Kacin v Kacin, pertaining to lost Wills, productions, and Estate Trustees during litigation.
This week on Hull on Estates, Nick Esterbauer and Megan Zanette discuss the benefits of incapacity planning, with a specific focus on Continuing Powers of Attorney for Property and the process and costs involved with Guardianship Applications.
This week on Hull on Estates, Sydney Osmar and Mark Lahn discuss highlights from the Ontario Bar Association's Elder Law Day 2024. Topics include collaborative law in estate litigation, caselaw updates, accommodating elderly clients, and the recent implementation of Bill 200, which impacts the registration of Notices of Security Interest. Referenced Blog:
This week on Hull on Estates, Doreen So and Margarita Grup review the key developments and modernization initiatives that were outlined in the 2019-2023 report from the Ontario Superior Court of Justice, including future initiatives for further digitalization of our system in an effort to improve access to justice.
This week on Hull on Estates, Stuart Clark and Doug Higgins review the powers and duties of attorneys for property and estate trustees with respect to dependant support obligations. Stuart and Doug discuss the different requirements of various Ontario legislation, including the Substitute Decisions Act, the Family Law Act and the Succession Law Reform Act, and the implications for decision-makers.
This week on Hull on Estates, Natalia Angelini and Aaron Chan discuss a lawyer's responsibility to their clients in estate planning by examining the case of .
This week on the Hull on Estates Podcast, with Jonathon Kappy and Diana McBey discuss pets and estate administration. We discuss read more about the case .
This Week on Hull on Estates, Nick Esterbauer and Darien Murray discuss costs consequences in estate litigation. They consider the modern approach to costs and review a recent example of its application in the Ontario Court of Appeal’s decision in Westover Estate v Jolicouer, 2024 ONCA 81.
This week on Hull on Estates, Doreen So and Kiran Sanghera discuss Will Challenges and the case of Roe v Roe. Links: Insane Delusion Banton v. Banton, 1998 CanLII 14926 (ON SC) Tate v. Gueguegirre The Challenge of Appealing a Will Challenge
On this week’s episode of Hull on Estates, and have a follow-up discussion on Stuart’s about Estate Freezes and Net Family Property Equalization. Cases discussed: Stone v. Stone, (ON CA) Reisman v. Reisman, (CanLII)
This week on Hull on Estates, Natalia Angelini and Haley Daniel discuss the retraction of renunciation of appointment as estate trustee. They analyze two recent court decisions Hunt v Hunt and Soo Estate and how this may impact the ability to retract a renunciation. Links: Blog: Hunt v Hunt: Soo Estate:
This week on the podcast Jonathon Kappy and Geoffrey Sculthorpe discuss the The Absentees Act and how it impacts the case for Grover v Vaid, 2023 ONSC 5931. Research Links: Case: Absentees Act: Declarations of Death Act:
This week on Hull on Estates, Nick Esterbauer and Doug Higgins review the decision of the Ontario Superior Court of Justice in McGoey (Re), 2019 ONSC 80. Through this unique case and its interesting evidentiary issue, Nick and Doug discuss the concept of a “sham” trust, and the principles applied by Ontario courts in evaluating a purported settlor’s intention to settle a valid trust. McGoey (Re), 2019 ONSC 80 (CanLII)
This week on the podcast, Natalia Angelini and Diana McBey discuss a case from British Columbia, Bautista v Gutkowski Estate, 2023 BCSC 1485. In a pivotal decision, the BC Court of Appeal varied a will in favor of an estranged son, recognizing the testator’s moral obligation. The case of Bautista v Gutkowski Estate reiterates the significance of moral duties in estate planning, especially towards one's children. Contact Us:
This week on Hull on Estates, Stuart Clark and Aaron Chan discuss a child’s obligation to support their parents under s. 32 of the Family Law Act. Links to the cases that were talked about are: L.F.D. v. X. Stravino v. Buttinelli Godwin v. Bolsco Dragulin v. Dragulin Parental Support – A child’s obligation to support their parents Contact Us: info@hullandhull.com
In today’s podcast, Natalia Angelini and Sydney Osmar discuss the recent news cycle involving an 80 year old billionaire who is apparently in the midst of a succession plan which includes adopting his 51 year old gardener. Natalia and Sydney discuss their love of Hermes and what the legal test and implications of adult adoption look like in Ontario. Contact Us:
This week on Hull on Estates, Jonathon Kappy and Margarita Grup, discuss two cases dealing with the appointments of Estate Trustees during litigation with two different outcomes. We explore the topic of when and where it is appropriate to appoint an ETDL and some of the consequences that could occur during the process. Mayer v Rubin, 2017 ONSC 3498 Armstrong v Laviolette, 2023 ONSC 6783
This week on Hull on Estates, Nick Esterbauer and Zahra Attir follow up to their podcast on Estate Administration Bonds to discuss the nature of guardianship bonds and the circumstances under which those applying to become guardians of property of an incapable adult in Ontario may be required to post a bond. Conversely, they discuss circumstances under which posting such a bond may not be required. Contact Us: info@hullandhull.com
This week on Hull on Estates, Doreen So and Darien Murray discuss Justice Charney’s decision in Jackson v Rosenberg which provides a great summary of the basic property law concepts that are at the core of much litigation. This case also provides a warning of the downside of a very popular estate planning technique.
This week on Hull on Estates, Stuart Clark and James Macfarlane discuss the recent decision of Justice Myers in , in which His Honour addresses the application of the law of minimum evidentiary threshold in will challenge litigation.
This week on Hull on Estates, Natalia Angelini and Mark Lahn discuss the recent motion in Marcy v. Marcy. This motion dealt with the appropriate use of cautions in estates matters and the implications of section 9 of the Estates Administration Act.
This week on Hull on Estates, Jonathon Kappy and Daniel Boucher, provide a refresher on multiple wills, how they can be used, and how they can backfire. Follow us on social media: If you have any questions about an Estate matter, contact us at info@hullandhull.com.
This week on Hull on Estates, Nick Esterbauer and Zahra Attir discuss the circumstances under which applicants applying for various Certificates of Appointment of Estate Trustees are required to post estate administration bonds. Conversely, they discuss circumstances under which posting such bonds may not be required. Follow us on social media: If you have any questions about an Estate matter, contact us at info@hullandhull.com.
In today's episode, Doreen So and Diana McBey discuss , and how the Court may, in the right circumstances, protect a Deceased's medical privacy from those wishing to challenge their Will. Follow us on social media: If you have any questions about an Estate matter, contact us at info@hullandhull.com.
This week on Hull on Estates, Stuart Clark and Aaron Chan discuss the concept of insulating claims that may otherwise be statute-barred if brought within a passing of accounts with reference to the decisions of Schutz Estate (Re) 2023 ONSC 3959 and Wall v. Shaw 2018 ONCA 929. Follow us on social media: If you have any questions about an Estate matter, contact us at info@hullandhull.com.
Natalia Angelini and Sydney Osmar review recent decisions out of the Superior Court of Justice regarding the application and interpretation of new substantial compliance legislation, section 21.1(1) of the Succession Law Reform Act. Succession law reform act: Vojska v Ostrowaki, 2023 ONSC 3894 Cruz v Public Guardian and Trustee, 2023 ONSC 3629 SCJ Estate of Harold Franklin Campbell (Re), 2023 ONSC 4315 Follow us on social media: If you have any questions about an Estate matter, contact us at info@hullandhull.com.
This week on Hull on Estates, and , discuss the case surrounding Aretha Franklin's will and the impact a jury trial has on a will challenge. They discuss the importance of properly planning and communicating one's wishes to avoid confusion and disputes among beneficiaries. Follow us on social media: If you have any questions about an Estate matter, contact us at info@hullandhull.com.
This week on Hull on Estates, and dive into the depths of Ontario’s Declarations of Death Act, 2002, as they explore the intersection of the Titan Submersible and the legal complexities surrounding presumed deaths. Join them as they navigate through the murky waters of determining and defining death in the modern world.
This week on Hull on Estates, Doreen So and Darien Murray discuss a case which examines the ability of Attorneys for Property to sell property that is the subject of a specific testamentary gift. They consider the statutory framework surrounding this issue, as well as the wider obligations of Attorneys for Property. Follow us on social media: LinkedIn Facebook Twitter Instagram
This week on Hull on Estates Stuart Clark and Melissa Elmaleh delve into the cases of Senthillmohan v. Senthillmohan, 2023 ONCA 280 and Re Cameron Estate, 2011 ONSC 6471. They look at what happens when you own real property with another as a joint tenant and the person with whom you own property with owes a judgement debt to a third- party. They also discuss what happens if a joint-tenant who owes debt dies before the creditor seizes their interest.
This week on Hull On Estates, and review the case of , which is a cautionary tale for those acting as a Power of Attorney who make gifts to themselves. This case deals with issues commonly encountered in both estate and POA litigation that those who practice in the area won't want to miss.
This week on Hull on Estates, and discuss Gorgi v Ihnatowych, 2023 ONSC 1803, and how an expansive approach to rectification may fit into a trend toward giving effect to well-documented testamentary intentions.
In today’s episode, Doreen So and Diana McBey discuss Nagy v. Graves, , and how the Saskatchewan framework for estate administrations and the removal of estate trustees differs from that of Ontario.
This week on Hull on Estates, Stuart Clark and Aaron Chan discuss the recent decision in Dors et al. v. The Public Guardian and Trustee, 2023 ONSC 1503, where the Ontario Superior Court of Justice addressed the application of the cy-pres doctrine in circumstances in which a charity ceased operations after the execution of a will. Follow us on social media:
This week on Hull on Estates, Natalia Angelini and Sydney Osmar provide a refresher on the First Dealings Exemption, including what it is, when it applies, and why its important for Estate practitioners to be able to identify the exemption. Follow us on social media:
This week on Hull on Estates, Jonathon Kappy and Margarita Grup discuss the recent decision in Palichuk v. Palichuk, where the Court of Appeal for Ontario addressed the difficulties in bringing a challenge to testamentary documents while the testator is still alive. Follow us on social media:
This week on Hull on Estates, and discuss the recent decision in , and factors that a court may consider in determining whether to exercise its discretion to order an attorney for property to formally pass their accounts. Follow us on social media:
This week in Hull on Estate, and discuss the current status of Medical Assistance in Dying in Canada, its applicability in estate planning and possible upcoming changes to the law. Follow us on social media:
This week on Hull on Estates, Stuart Clark and Aanchal Bajaj discuss the role of handwritten wills, handwritten amendments and holographic wills. Follow us on social media:
This week on Hull on Estates, Natalia Angelini and Mark Lahn discuss the recent case of and the rule in Cherry v. Boultbee, which deal with situations in which an estate trustee can set-off a debt owing to the estate by a beneficiary before making an in specie distribution. Follow us on social media: Follow us on Social Media.
This week on Hull on Estates, Jonathon Kappy and Sara Moledina discuss three changes to the purchasing and taxation of real estate that come into force in 2023, and how they might affect Estates. Namely, the Vacant Home Tax, The Prohibition on the Purchase of Residential Property by Non-Canadian’s Act, and the Anti-Flipping Tax. Follow us on Social Media.
This week on Hull on Estates, Nick Esterbauer and Michael Krznaric discuss the Re Sandhu, , decision and consider factors that may be considered when seeking to compel someone to submit for a capacity assessment where there is conflicting evidence on the issue of capacity. Follow us on Social Media.
This week on Hull on Estates, Doreen So and Jennifer Wan discuss the Alberta Lower Court and Court of Appeal decisions on and , respectively, and consider its implications regarding the Cultural Shift within Canadian Estate Courts.
Hull on Estates Podcast #653: This week on Hull on Estates, Jonathon Kappy and Mohena Singh revisit Moore v Sweet in the recent Ontario Court of Appeal decision of Fair v BMO Nesbitt Burns Inc., and the importance of corroboration in succeeding in a summary judgment motion.
This week on Hull on estates, Stuart Clark and Mashal Hakimi discuss the Ontario court of appeal decision case of Scalia v Scalia 2015 ONCA 492, regarding whether a power of attorney can severe a joint tenancy. Follow us on Social Media.
This week in Hull on Estates, Natalia Angelini and Raphael Leitz discuss the recent decision in , and the powers of the Court to find a gift valid even where it does not meet formal statutory requirements. Follow us on Social Media.
This week in Hull on Estates, Natalia Angelini and Raphael Leitz discuss the recent decision in , and the powers of the Court to find a gift valid even where it does not meet formal statutory requirements. Follow us on Social Media.
This week in Hull on Estates, Nick Esterbauer and Darien Murray discuss the recent decision in O’Connor v O’Connor, , and the impact of issues of inheritances and joint accounts in the context of marital breakdown and equalization. Follow us on Social Media.
In this episode of Hull On Estates, Jonathon Kappy and Mark Lahn discuss the recent decision in where an individual was found liable for the actions of an estate trustee based on her assistance in a breach of trust. Follow us on Social Media.
Can an outline of a will be submitted in an Application for Appointment of Estate Trustee with a Will? In today’s episode of Hull on Estates, Doreen So and Artur Adamin discuss a recent decision, , where the court grappled with this exact issue. Follow us on Social Media.
Zombie Deeds Can legal title to real property be transferred after the transfer is executed but before it is registered? In today's episode of Hull on Estates, Nicole Cianci and Paul Trudelle discuss the transfer of real property in these circumstances, often referred to as “zombie deeds”, and how Canadian courts are ruling on this issue. Follow us on Social Media.
This week on Hull on Estates, Stuart Clark and Tsvetomira Niklin discus the Court of Appeal's decision in , where a party under disability sought leave to appeal the Court's approval of a settlement, while the appeal was not supported by the litigation guardian in the proceedings. Follow us on Social Media.
This week on Hull on Estates Natalia Angelini and Aanchal Bajaj discuss the settlement exception to mediated agreement and enforcing agreements agreed to during mediation in . Follow us on Social Media.
This week on Hull on Estates, Nick Esterbauer and Jennifer Wan discuss the Ontario Superior Court of Justice’s decision in the and consider possible implications regarding limitation periods applicable to passings of accounts. Follow us on Social Media. If you have any questions, contact us at or visit our website:
This week on Hull on Estates, Jonathon Kappy and Ashley Naipaul discuss , where the court exercises its discretion to “pass over” a named estate trustee in a will.
This week on Hull on Estates, Doreen So and Mohena Singh discuss the Court of Appeal case of , where the court explains when they can substitute a trustees’ absolute discretion in distributing funds from a discretionary trust.
This week on Hull on Estates, Paul Trudelle and Artur Adamian discuss , a case that considers whether pour-over clauses should be valid in Ontario.
This week on Hull and Estates, Stuart Clark and Nicole Cianci discuss the recent Ontario Court of Appeal decision, Barsoski Estate v. Wesley, 2022 ONCA 399, which comments on the difference between a license versus a life interest and rules that there is no presumption favoring a license over a life interest when the intended beneficiary is a friend, as the prevailing approach to will interpretation requires a court to consider the surrounding circumstances and give the words placed in a will the meaning intended by the particular testator.
This week on Hull on Estates, Natalia Angelini and Endrita Isaj discuss the case of and consider important issues such as when the obligation to keep accounts arises and the importance of good record-keeping when acting in a fiduciary role.
This week on Hull on Estates, Nick Esterbauer and Tsvetomira Niklin discuss electronic wills in the context of the Quebec Court of Appeal’s decision in , and review differences in inter-provincial legislation in relation to the acceptance and/or potential for validation of digital testamentary documents.
This week on Hull on Estates, Doreen So and Mohena Singh discuss , a case that considers whether a common-law spouse is entitled to interim support from the estate and the procedural implications of bringing such a motion.
This week on Hull on Estates, Ian Hull and Suzana Popovic-Montag return for part 2 of their conversation with Jordan Atin, Co-founder and CEO of eState Planner. The three of them continue discussing the planning steps to consider when using eState Planner and some of the document generation options available with the program. Should you have any questions, please email us at . To learn more about eState Planner you can contact Jordan directly at .
This week on Hull on Estates, Ian Hull and Suzana Popovic-Montag are joined by Jordan Atin, Co-founder and CEO of . In part 1 of this 2-part series, the three of them discuss the importance of data collection, the planning side, document generation, and the benefits of planning estates with eState Planner. Should you have any questions, please email us at . To learn more about eState Planner you can contact Jordan directly at .
This week on Hull on Estates, Jonathon Kappy and Ashley Naipaul discuss with a focus on how a beneficiary designation of an RRIF is properly characterized relative to an estate, and whether the presumption of resulting trust can apply to this designation.
Today, Stuart Clark and Fred Tonelli discuss charities law in the wider context of trusts law, including the “three certainties” of a trust, the four defined “charitable purposes” under statute, and a 2007 Supreme Court of Canada decision about the charitable status of a youth soccer club.
This week on Hull on Estates, Ian Hull and Suzana Popovic-Montag are joined by Jenna Carvalho, founder of Guardian Estate Company. The three of them discuss the unique services that Guardian Estate Company provides in pursuit of their mission to simplify estate planning discussions and solutions.
On today's podcast, Paul Trudelle and Endrita Isaj discuss the recent case of , where the court provides commentary on the vesting of property and under what circumstances property vests in beneficiaries under a will.
This week on Hull on Estates, Natalia Angelini and Mohena Singh discuss the recent Nova Scotia case, , which comments on the presumption of resulting trust and beneficiary designations. The history of this issue is briefly explored and Natalia and Mohena comment on what this means for individuals planning their estates moving forward.
In today’s podcast, Doreen So and Tori Joseph discuss the costs decision in Rudin-Brown et al v. Brown, and whether this decision was fair and proportionate in light of the evidence.
This week, Jonathon Kappy and Fred Tonelli discuss the recent Teefy decision (), which included a comment from Justice Nordheimer about the proper method of commissioning an Affidavit of a deponent who does not understand the language in which it is written. Jonathon and Fred go on to further discuss how a lawyer should conduct themselves in such a situation, using the guidance of Rule 4.06 of the Rules of Civil Procedure, dealing with Affidavits.
This week, Paul Trudelle and Sanaya Mistry discuss the different roles of the Office of the Public Guardian and Trustee and how they can help. For more information, please read Natalia Angelini’s .
This week, Stuart Clark and Sydney Osmar discuss , a recent decision out of the Superior Court of Justice where the Court refused to order the production of the Applicant’s medical records in the context of a Will Challenge. Listen here to learn more.
This week on Hull on Estates, Natalia Angelini and Diana Betlej discuss , and applying the new standard for limitation periods.
This week on Hull on Estates, Doreen So discuss and Fred Tonelli the recent decision of and its implications regarding the future of in-person litigation, in light of the legal profession’s growing comfortability with remote work, as well as the positive effects remote litigation has had for the more effective administration of justice.
This week on Hull on Estates, Jonathon Kappy and Nick Esterbauer discuss the decision of Ryan v Ryan, 2021 NLSC 119, in which the basic principles behind unjust enrichment were applied to impress corporate shares with a constructive trust.
On today’s podcast, Paul Trudelle and Juanita Valencia discuss the issue of when a person receiving funds becomes a trustee, as analyzed in .
On today’s podcast, Stuart Clark and Rebecca Rauws discuss the limited grant under s. 29(3) of the as a tool to consider when probate may be delayed, but there is an urgent need to deal with an estate asset. For more information, please check out Stuart’s recent blog on this topic .
In today’s podcast, Natalia Angelini and Arielle Di Iulio discuss the recent decision of Bishop Estate v Sheardown, which involves the Court’s discretion to validate an unexecuted Will under s.58 of British Columbia’s Wills, Estates and Succession Act, S.B.C. 2009, c. 13. For more information on this topic, you can also check out Sanaya Mistry’s recent .
In today’s podcast, Doreen So and Sanaya Mistry discuss the recent decision in Rudin-Brown et al. v. Brown and Brown v. Rudin-Brown et al., 2021 ONSC 336, which examines the admissibility of audio recordings and how they may be used as evidence.
In today’s podcast, and discuss the recent decision Virey v. Virey, 2021 ONSC 2893 which examines the Court’s broad discretion to order an award for support even in cases where the parties may have entered into an agreement to the contrary.
This week, Paul Trudelle and Fred Tonelli discuss the decision and corresponding order in Morrish v Katona ONSC 3805, and review the threshold to challenge a will and compensation due to an examined drafting solicitor and his or her lawyer.
Stuart Clark and Nick Esterbauer discuss the costs decision in Toller James Montague Cranston (Estate of), , and review factors that may result in an elevated costs award in passings of accounts.
On today’s podcast, Natalia Angelini and Rebecca Rauws discuss a recent article from The Canadian Journal of Psychiatry entitled “Susceptibility to Undue Influence: The Role of the Medical Expert in Estate Litigation”. The paper can be accessed online .
This week on Hull on Estates, Doreen So and Arielle Di Iulio discuss the recent decision of Langrandeur Estate (Re), , where the court addresses the validity of a will containing both typewritten and handwritten instructions, and the appointment of an estate trustee in conflict with the estate’s potential beneficiaries.
This week on Hull on Estates Jonathon Kappy and Sanaya Mistry discuss the recent decision of , which considers an Estate Trustee’s obligation to account for the assets of the Estate and those which may not form part of the Estate.
This week on Hull on Estates Paul Trudelle and Sydney Osmar discuss moral claims for relief under BC’s Wills, Estates and Succession Act.
This week on Hull on Estates, Stuart Clark and Kira Domratchev discuss the recent decision of , pertaining to production of preceding Wills and a drafting solicitor's records.
This week on Hull on Estates, Natalia Angelini and Garrett Horrocks discuss the recent Ontario Court of Appeal decision in Carroll v Toronto Dominion Bank, 2021 ONCA 38, pertaining to the issue of standing in trust litigation.
This week on Hull on Estates, Doreen So and Nick Esterbauer discuss ’s proposed addition of Section 21.1 to the Succession Law Reform Act and contemplate the differences between strict compliance, substantial compliance, and will validation provisions. For more information on this and other changes proposed under the Accelerating Access to Justice Act, please see last week’s discussion featuring Jonathon Kappy and Rebecca Rauws .
This week on Hull on Estates, Jonathon Kappy and Rebecca Rauws discuss , and the upcoming changes to the law if the Bill is passed. Bill 245 includes, among other things, changes to the Succession Law Reform Act, the Substitute Decisions Act, 1992, and the Children’s Law Reform Act.
This week on Hull on Estates, Paul Trudelle and Arielle Di Iulio discuss the test for capacity to instruct counsel and the appointment of litigation guardians in the recent decision of Susan Eng v. Elizabeth Eng, .
This week on Hull on Estates, Stuart Clark and Jennifer Philpott discuss the unorthodox use of Pecore v. Pecore, 2007 SCC 17, in the recent decisions PGT v. Cherneyko, 2021 ONSC 107, and Calmusky v. Calmusky, 2020 ONSC 1506.
This week on Hull on Estates, Natalia Angelini and Sanaya Mistry discuss the fiduciary duty and obligations of attorneys for property and the recent decision in Public Guardian and Trustee v. Cherneyko et al., .
This week on Hull on Estates, Jonathon Kappy and Sydney Osmar discuss a recent decision arising out of the British Columbia Court of Appeal which provides a definitive answer on when reproductive material may be used posthumously for the purposes of creating an embryo.
This week on Hull on Estates, Paul Trudelle and Nick Esterbauer review upcoming changes to the Rules of Civil Procedure as set out in , effective January 1, 2021.
This week on Hull on Estate, Stuart Clark and Garrett Horrocks discuss the distinction between appointing a "litigation guardian" or seeking a "representation order" when dealing with the interests of unborn and unascertained beneficiaries in estate and trust litigation.
This week on Hull on Estates, Natalia Angelini and Kira Domratchev discuss secret trusts and the recent decision of the British Columbia Court of Appeal in Bergler v Odenthal, 2020 BCCA 175.
This week on Hull on Estates, Doreen So and Noah Weisberg discuss estate freezes and the importance of keeping your spouse and other family members informed in Hamm v. Hamm (Estate of), .
This week on Hull on Estates, Jonathon Kappy and Nick Esterbauer discuss the recent decision of Robert Mandel et al. v. 1909975 Ontario Inc. et al., 2020 ONSC 5343, and review the issue of rectification in the corporate context.
On today’s podcast, Rebecca Rauws and Garrett Horrocks discuss the execution of Wills in the midst of COVID-19, and how the emergency measures introduced this year may impact how Wills are executed in the future. The Globe and Mail article mentioned by Garrett and Rebecca during the podcast can be found here.
This week on Hull on Estates, Jonathon Kappy and Stuart Clark discuss , 2019 BCCA 91, and the concept of “pour over clauses” more generally and whether you can leave a bequest in a Will to an already existing inter vivos trust.
This week on Hull on Estates, Natalia Angelini and Arielle Di Iulio discuss the court's application of the presumption of resulting trust in ).
This week on Hull on Estates, Noah Weisberg and Sydney Osmar discuss Notices of Objection, Rule 25.11, and the court’s decision in .
In today’s podcast, Paul Trudelle and Garrett Horrocks discuss the court’s decision in , which deals with the application of principles from Pecore v Pecore to designated assets,
This week on Hull on Estates, Stuart Clark and Kira Domratchev discuss a finding of support for an adult dependant child in .
This week on Hull on Estates, Stuart Clark and Kira Domratchev discuss a finding of support for an adult dependant child in .
This week on Hull on Estates, Natalia Angelini and Doreen So discuss the estate administration issues surrounding the disposition of the body, where there is no will, in ) and .
This week on Hull on Estates, Noah Weisberg and Nick Esterbauer discuss continued accounting obligations during the COVID-19 pandemic and procedural considerations relating to fresh and pre-existing applications to pass accounts.
In today’s podcast, Paul Trudelle and Kira Domratchev discuss the British Columbia Supreme Court’s decision in , and the factors considered by the Court in holding that the document found on the deceased’s computer was a Will in accordance with the curative provisions of the relevant legislation.
In today’s podcast, Stuart Clark and Doreen So discuss the Ontario Court of Appeal’s decision in Donaldson v. Braybrook, , and what to consider when the ownership of a family cottage was changed to include the children.
In today’s podcast, Natalia Angelini and Sydney Osmar discuss the OBA’s Institute Elder Law program recently chaired by Natalia and Kimberly Whaley Whaley. Natalia and Sydney delve into the debated issue of whether or not beneficiary designations are testamentary. Tune in to learn how the crowd voted. Please note that, as a result of technical difficulties, the introduction of this podcast has been cut off. Sorry for the inconvenience.
On today’s podcast, Noah Weisberg and Rebecca Rauws discuss the recent decision of . In that case, the testator tried to disinherit one of his daughters, but failed to make provision in his Will for the disposition of the residue of his estate in the event that the residuary beneficiaries predeceased him (which they did). Without this, the residue of the testator’s estate was distributed on an intestacy—entirely to the daughter that he had wished to disinherit.
In today’s podcast, Jonathon Kappy and Sydney Osmar discuss the difference between strict compliance and substantial compliance regimes regarding the formality of Wills.
In today’s podcast, Stuart Clark and Garrett Horrocks review some of the main procedural differences between the two primary types of legal proceeding in Ontario: the application, and the action.
This week on Hull on Estates, Natalia R. Angelini and Kira Domratchev discuss a recent decision on the retroactive effect of proof of death in that dealt with a pension case from Quebec. A helpful Canadian Lawyer magazine article by Elizabeth Raymer summarizing this decision can be found .
This week on Hull on Estates, Noah Weisberg and Doreen So discuss a recent decision on oppression remedies in and how corporate issues may arise in estate matters.
This week on Hull on Estates, Jonathon Kappy and Nick Esterbauer discuss the recent Ontario Court of Appeal decision in , and the law regarding informal trust arrangements.
This week on Hull on Estates, Jonathon Kappy and Nick Esterbauer discuss the recent Ontario Court of Appeal decision in , and the law regarding informal trust arrangements.
On today’s podcast, Paul Trudelle and Rebecca Rauws discuss the recent decision of , and the minimal evidentiary threshold test for will challenges.
On today’s podcast, Natalia Angelini and Rebecca Rauws discuss elder law issues, including the increasing prevalence of such issues in our practice, the different viewpoints on damages, and the need for more case law in this area.
In today’s podcast, Noah Weisberg and Sydney Osmar discuss Webb v Belway, , a recent case from the Ontario Superior Court of Justice, where the court had to consider whether a common law spouse’s conduct towards the end of the deceased’s life, which included misappropriating funds as attorney for property, should be taken into consideration in determining whether she is entitled to support. If you would like to read more about the case, see Natalia Angelini’s recent blog .
In today’s podcast, Jonathon Kappy and Sayuri Kagami discuss Grewal v Litt, , a recent case out of BC where 4 sisters sought to have the court vary their parents wills that left almost 96% of the parents’ estates to the applicants’ 2 brothers. The applicants claimed that the parents failed to make adequate provision for their proper maintenance and support as a result of cultural discrimination that favoured sons over daughters. If you’d like to read more about the case, see Garrett Horrock’s recent blog .
In this week’s episode of Hull on Estates, Paul Trudelle and Garrett Horrocks discuss the use of hearsay evidence in a motion for summary judgment, and the Ontario Court of Appeal decision of 2019 ONCA 447 (CanLII).
This week on Hull on Estates, Stuart Clark and Kira Domratchev discuss the decision of Nelson v Trottier, 2019 ONSC 1657, and the legal obligations of the survivor in circumstances where there is a mutual wills agreement.
Today on Hull on Estates, Natalia Angelini and Doreen So discuss life insurance policies, separation agreements, and the limits to section 72 of the Succession Law Reform Act in Birnie v Birnie, 2019 ONSC 2152.
Today on Hull on Estates, Noah Weisberg and Nick Esterbauer discuss the role of social media in the context of Estate Litigation.
This week on Hull on Estates, Jonathon Kappy and Rebecca Rauws discuss the recent decision of Sach v Viola, 2018 CarswellOnt 1824, and under what circumstances a certificate of pending litigation is appropriate.
This week on Hull on Estates, Paul Trudelle and Christina Canestraro discuss Cavanagh et al. v Sutherland et al., in which the Ontario Superior Court of Justice addresses questions of fact and law related to motions for summary judgment and mistake of fact. Should you have any questions, please email us at or leave a comment on our blog.
Today on Hull on Estates, Stuart Clark and Charlotte McGee discuss settlement agreements and non-signatories – specifically, if a settlement agreement affects the interests of a non-signatory to the settlement, can such a settlement bind the interests of the non-signatory? Should you have any questions, please email us at or leave a comment on our blog.
This week on Hull and Estate, Natalia Angelini and Sydney Osmar discuss Dale v Prentice, in which the Ontario Superior Court of Justice addresses whether a drafting solicitor can represent the estate in a will challenge. Should you have any questions, please email us at or leave a comment on our blog.
In today’s podcast, Noah Weisberg and Sayuri Kagami discuss the problems caused by a beneficiary under a Will witnessing its execution in the context of the recent Saskatchewan decision of Mahin v Kolosnjaji, 2019 SKQB 32.
In today’s podcast, Jonathon Kappy and Garrett Horrocks review the interaction between no-contest clauses and applications to prove a will in solemn form as discussed by the Court of Appeal of Alberta in Mawhinney v Scobie. Should you have any questions, please email us at or leave a comment on our blog
This week on Hull on Estates, Paul Trudelle and Kira Domratchev discuss the decision of , and the evidence required to be demonstrated by the party challenging a Will. Should you have any questions, please email us at or leave a comment on our blog.
This week on Hull on Estates, Stuart Clark and Doreen So discuss the Residents’ Bill of Rights within Ontario’s .
This week on Hull on Estates, Natalia Angelini and Nick Esterbauer discuss S.A. v Metro Vancouver Housing Corp., in which the Supreme Court of Canada addresses Henson trusts for the very first time.
In today’s podcast, Noah Weisberg and Rebecca Rauws discuss executor and trustee compensation, and particularly the circumstances in which a trustee may be able to claim a special fee. This topic was also discussed in a recent paper by Lisa Toner, “When Can a Trustee Claim, and Justify, a Special Fee?” Should you have any questions, please email us at or leave a comment on our blog.
In today's podcast, Jonathon Kappy and Sayuri Kagami discuss the recent Court of Appeal decision in Styres v Martin, 2018 ONCA 956, where the Court ordered a new trial of the issues. The Appellant had suffered catastrophic brain injuries after a motorcycle accident and subsequently entered into a long-term relationship with the Respondent to whom he eventually transferred his home. On Appeal, the Court of Appeal examined some of the important issues that need to be examined in such a matter. Should you have any questions, please email us at or leave a comment on our blog.
In today's podcast, Paul and Garrett discuss the decision in Tiedemann v Tiedemann and revisit some legal principles from the Pecore decision that are often overlooked in light of the well-known analysis on the presumption of resulting trust.
This week on Hull on Estates, Natalia Angelini and Kira Domratchev discuss the decision in Shannon v Hrabovsky, 2018 ONSC 6593, and the question of a limitation period in a Will challenge.
Today on Hull on Estates, Stuart Clark and Doreen So discuss the recent decision of Wall v. Shaw, 2018 ONCA 929, and its potential impact upon the availability of limitations defences in an Application to Pass Accounts. Should you have any questions, please email us at or leave a comment on our blog.
This week on Hull on Estates, Natalia Angelini and Nick Esterbauer discuss the recent decision of the Ontario Superior Court of Justice in Connolly v Connolly and PGT, and the importance of filing comprehensive management plans in support of applications for appointment of guardians of property.
On today’s podcast, Jonathon Kappy and Rebecca Rauws discuss the Ontario Superior Court decision in Fica v Dmytryshyn, 2018 ONSC 2034, which addresses a fiduciary’s duty to comply with the Rules of Civil Procedure in accounting matters.
In today’s podcast, Paul Trudelle and Sayuri Kagami discuss the recent decision of Re Milne Estate, 2018 ONSC 4174, where Justice Dunphy of the Ontario Superior Court found a Will to be invalid where it provided the Estate Trustee with the discretion to determine whether assets might fall under the Will or not. At the time of recording, it was unknown whether the decision would be appealed. It is now confirmed that the decision is under appeal. Should you have any questions, please email us at or leave a comment on our blog.
This week on Hull on Estates, Noah Weisberg and Doreen So discuss the UK and Hong Kong Golden Rule for assessing testamentary capacity. Should you have any questions, please email us at or leave a comment on our blog.
This week on Hull on Estates, Jonathon Kappy and Nick Esterbauer discuss the role of the Children’s Lawyer in Ontario and the recent decision of the Ontario Court of Appeal in . Should you have any questions, please email us at or leave a comment on our blog.
In today’s podcast, Paul Trudelle and Rebecca Rauws discuss the recent decision of Eissmann v Kuntz, 2018 ONSC 3650 and the distribution of an estate in light of a number of potential Wills. Should you have any questions, please email us at or leave a comment on our blog.
In today's podcast, Natalia Angelini and Kira Domratchev discuss the Ontario Court of Appeal decision of Dujardin v Dujardin, 2018 ONCA 597, and the admissibility of an expert's evidence with respect to the deceased's capacity. Should you have any questions, please email us at or leave a comment on our blog.
In today’s podcast, Stuart Clark and Sayuri Kagami discuss the issue of whether damages can be claimed on a passing of an attorney for property’s accounts in light of the fact that section 49(3) of the Estates Act, RSO 1990, c E21 only refers to the ability of a Judge to award damages against an executor, administrator, or trustee, not an attorney for property, in such proceedings. To read about this issue, see Stuart Clark’s recent on this topic. Should you have any questions, please email us at or leave a comment on our blog.
In today’s podcast, Noah Weisberg and Garrett Horrocks discuss whether the Banks v Goodfellow test for testamentary capacity is in need of an update given current trends in medical science and in the increased complexity of asset holdings.
In today’s podcast, Jonathon Kappy and Kira Domratchev discuss the British Columbia Court of Appeal decision of Killam v Killam (2018) BCCA 64, and the “four corners” approach versus the “armchair” approach in interpreting the testator’s intention.
This week on Hull on Estates, Paul Trudelle and Doreen So discuss the test for mutual wills in the decision of .
This week on Hull on Estates, Natalia Angelini and Nick Esterbauer discuss attorneyship planning options and the importance of full consideration of what may seem like basic options in protecting the interests of clients during periods of mental incapacity.
In today’s podcast, Ian Hull and Rebecca Rauws discuss the availability of summary judgments, and their use in estate litigation, in the context of the recent Ontario Court of Appeal decision in Aird & Berlis LLP v Oravital Inc., 2018 ONCA 164.
Today on Hull and Estates, Stuart Clark and Umair Abdul Qadir discuss the recent decision in Cohen v Cohen, 2018 ONSC 1613, in which the Honourable Justice Maranger discussed the Ontario Superior Court of Justice’s jurisdiction to consolidate applications for equalization commenced pursuant to the Family Law Act with applications for dependant’s relief under Part V of the Succession Law Reform Act. You can read more about the Cohen decision on our blog. Should you have any questions, please email us at or leave a comment on our blog.
In today’s podcast, Noah Weisberg and Sayuri Kagami discuss the Alberta decision of Re Morrison Estate, 2015 ABQB 769, and the issue of who is responsible for the often hefty taxes payable on registered accounts of a deceased person: the beneficiary of the account or the deceased’s Estate.
In today's podcast, Jonathon Kappy and Garrett Horrocks discuss the Ontario Court of Appeal's decision in Harvey v Talon International Inc., a case that clarified the importance of proper pleadings in real property claims.
Today on Hull on Estates, Paul Trudelle and Kira Domratchev discuss the decision of the Ontario Court of Appeal in Levesque v Crampton Estate, 2017 ONCA 455, which dealt with the question of whether a crossclaim against the Estate of Father Dale Crampton was time-barred by s. 38 (3) of the Trustee Act.
In today's podcast, Natalia Angelini and Doreen So discuss the case of MacDonald v. Estate of James Pouliout, 2017 ONSC 3629, which was an interesting decision on constructive trusts, the limitation period applicable to dependants relief, and vesting pursuant to section 9 of Estate Administration Act. Should you have any questions, please email us at or leave a comment on our blog.
This week on Hull on Estates, Stuart Clark and Nick Esterbauer discuss the basics of the rule in Saunders v. Vautier and its expansive role in estate and trust proceedings Should you have any questions, please email us at or leave a comment on our blog.
Today on Hull on Estates, Noah Weisberg and Rebecca Rauws discuss the recent decision of the Supreme Court of Canada in Cowper-Smith v Morgan , 2017 SCC 61, and the expanded scope of the doctrine of proprietary estoppel
In today’s podcast, Jonathon Kappy and Umair Abdul Qadir discuss the Honourable Justice McEwen’s recent decision in Calderon Estate v Prince, , on the issues of standing of a non-party and the application of the two-year limitation period under the Trustee Act. Should you have any questions, please email us at or leave a comment on our blog.
In today's podcast, Paul Trudelle and Sayuri Kagami discuss the court's reasons for finding that the presumption of revocation had been rebutted in Levitz v Hillel Lodge Long Term Care Foundation, 2017 ONSC 6253 where an original will was lost. Should you have any questions, please email us at or leave a comment on our blog.
In today’s podcast, Natalia and Garrett discuss the court’s reasons for declining to order a formal passing of accounts in the McLoughlin Estate decision
Today on Hull on Estates, Jonathon Kappy and Doreen So discuss the issue of gifts that are made by way of a cheque in the context of the Court of Appeal's decision in Teixeira v. Markgraf Estate
Today on Hull on Estates, Paul Trudelle and Noah Weisberg discuss the use of discretionary trusts in the context of the payment of child support as raised in the decision of Borges v. Santos
This week on Hull on Estates, Ian M. Hull and Stuart Clark discusses the recent case of Stajduhar v. Wolfe, 2017 ONSC 4954, and whether two individuals need to live together to be considered spouses within the confines of Part V of the Succession Law Reform Act.
Today on Hull on Estates, Natalia Angelini and Rebecca Rauws discuss the decision in Sun Life v Nelson Estate, 2017 ONCA 4987, and beneficiary designations for insurance policies.
In this week’s episode Paul Trudelle and Jonathon Kappy discuss a possible culture shift in the courts of probate, and the minimal evidentiary threshold required to proceed with a will challenge as articulated in . You can read more about this decision on our blog .
Today on Hull on Estates, Jonathon Kappy and Umair Abdul Qadir discuss vacant possession of real property belonging to an estate and the recent decision in Filippelli Estate v Filippelli, . You can read more about this decision on our blog . Should you have any questions, please email us at or leave a comment on our blog.
Today on Hull on Estates, Ian Hull and Noah Weisberg discuss quantum meruit claims and the decision in Tarantino v. Galvano
Today on Hull on Estates, Paul Trudelle and Doreen So discuss expert witnesses and the gatekeeper role of the trial judge in the Court of Appeal decision in Bruff-Murphy v. Gunawardena, 2017 ONCA 502.
Today on Hull on Estates, Ian Hull and Rebecca Rauws discuss the recent Court of Appeal decision in Vanier v Vanier, 2017 ONCA 561, including the different tests for undue influence and the practice of assessing undue influence by capacity assessors.
Today on Hull on Estates, Natalia Angelini and Umair Abdul Qadir discuss Justice Myer's recent decision in Mayer v Rubin, 2017 ONSC 3498, regarding the Court's discretion to appoint an Estate Trustee During Litigation.
Today on Hull on Estates, Jonathon Kappy and Noah Weisberg discuss the decision on Ghor and Steele and specifically when an attorney can be compelled to account. Should you have any questions, please email us at or leave a comment on our blog.
Today on Hull on Estates, Ian M. Hull and Doreen So discuss the recent Court of Appeal decision in Levesque v. Crampton Estate, 2017 ONCA 455, and the two-year, from death, limitation in section 38 of the Trustee Act.
Today on Hull on Estates, Suzana Popovic-Montag and Umair Abdul Qadir discuss the recent decision of the Honourable Justice McNamara in Shaw v Barber, 2017 ONSC 2155, regarding the tolling of the limitation period for dependant's relief claims under Part V of the Succession Law Reform Act when the Office of the Public Guardian and Trustee is acting as the statutory guardian for an incapable person.
Today on Hull on Estates, Ian Hull and Paul Trudelle discuss removing opposing counsel as lawyers of record, and the decisions of Moad v. Shepherd, 2017 ABQB 330 (CanLII) and McKeller Estate v. Powell 1996 CarswellOnt 642.
This week on Hull on Estates, Ian Hull discusses the role of the Estate Trustee During Litigation and the impact of case law over the last 50 years.
This week on Hull on Estates, Ian and Noah discuss the importance of prudent investment by a trustee in light of the decision in Mowry v Groome.
This week on Hull on Estates, Natalia Angelini and Rebecca Rauws discuss what can happen when two people die at the same time, and some drafting tips to avoid issues in this regard. Should you have any questions, please email us at or leave a comment on our blog.
This week on Hull on Estates, Jonathon Kappy and Doreen So discuss the costs decision in the Pochopsky Estate and whether it is pragmatic to pursue an application to pass accounts in certain circumstances.
This week on Hull on Estates, Natalia Angelini and Nick Esterbauer discuss the law relating to consent to the posthumous use of reproductive materials, the British Columbia Supreme Court's decision in K.L.W. v. Genesis Fertility Centre, and estate planning considerations when dealing with clients who have stored or donated reproductive materials.
This week on Hull on Estates, Ian Hull discusses the various areas of interplay between trust law and family law.
This week on Hull on Estates, Natalia Angelini and Stuart Clark discuss options that may be available to help protect a trustee when drafting a Will or Trust.
This week on Hull on Estates, Paul Trudelle and Noah Weisberg discuss the Law Commission of Ontario's Final Report on legal capacity, decision-making and guardianship in Ontario.
This week on Hull on Estates, David Smith and Rebecca Rauws discuss the rectification of Wills, including the criteria that the Court will consider in determining whether it can rectify a Will.
This week on Hull on Estates, Ian Hull and Doreen So discuss the reasons for judgment in Birtzu v. McCron, 2017 ONSC, 1420, and the finding that the Plaintiffs were statute barred in this will challenge.
This week on Hull on Estates, Jonathon Kappy and Stuart Clark discuss the powers entrusted to a Power of Attorney for Property, including whether they may give gifts on behalf of an incapable person.
This week on Hull on Estates, Natalia Angelini and Nick Esterbauer discuss the recent decision of the British Columbia Court of Appeal in , 2017 BCCA 59, and the limitations of the duty owed by a drafting solicitor to disappointed beneficiaries.
This week on Hull on Estates, Paul Trudelle and Umair Abdul Qadir discuss recent amendments to the definition of "spouse" under Part V of the Succession Law Reform Act, and the implications for former and divorced spouses. For more on this topic, read our associate Stuart Clark's on the amendments.
This week on Hull on Estates, David Smith and Lisa Haseley discuss a recent decision of the British Columbia Supreme Court, , 2016 BCSC 1204
This week on Hull on Estates, Jonathon Kappy and Rebecca Rauws discuss the purchase of estate assets by an estate trustee, and some steps that should be taken in the event of a purchase to ensure compliance with fiduciary obligations.
This week on Hull on Estates, Ian Hull and Doreen So discuss injunctive relief and certificate of pending litigation in the case of , 2016 ONSC 3369.
This week on Hull on Estates, Natalia Angelini and Noah Weisberg discuss the applicability of limitation periods to power of attorney accounting in the case of .
This week on Hull on Estates Paul Trudelle and Lisa Haseley discuss tolling of limitation periods and the recent Ontario Court of Appeal decision , 2017 ONCA 9
This week on Hull on Estates, David Smith and Laura Betts discuss a recent decision of the Queen's Bench of Alberta, , 2016 ABQB 728
This week, in the 500th episode of Hull on Estates, Paul Trudelle and Nick Esterbauer discuss the recent Court of Appeal decision of Granger v Granger and the law of unjust enrichment.
Today on Hull on Estates, Jonathon Kappy and Noah Weisberg discuss the top 5 blogs of 2016. Please find the links below:
Today on Hull on Estates, Natalia Angelini and Umair Abdul Qadir discuss Lewicki Estate v Nytschyk Estate, , a recent Ontario Superior Court of Justice decision in which the Court considered the enforceability of a settlement between a dependant and an Estate where the dependant died before the settlement was finalized. For more about the decision, please read Suzana Popovic-Montag’s recent .
Today on Hull on Estates, David M. Smith and Stuart Clark discuss limitation periods and Applications to Pass Accounts, and whether there could be a scenario whereby certain objections raised within an Application to Pass Accounts could be statute barred as a result of the expiry of any limitation period.
This week of Hull on Estates, Jonathon Kappy and Doreen So discuss Jordan Atin’s paper on Avoiding Errors in Estate Litigation.
This week on Hull on Estates, Ian Hull and Lisa Haseley discuss the Mutual Wills Doctrine. Link to Paul Trudelle's paper: Mutual Wills A Review http://bit.ly/2fs2l5P
This week on Hull on Estates, Natalia Angelini and Laura Betts discuss a recent decision of the Queen’s Bench of Alberta, Re Johnson Estate, 2016 ABQB 616 (http://bit.ly/2fDNwNX)
This week on Hull on Estates, Paul Trudelle & Noah Weisberg discuss the role and responsibilities of a trustee de son tort and what must they consider in exercising their duties and obligations.
This week on Hull on Estates, David Smith and Doreen So discuss legal reform in family and estates law and the contributions of our senior counsel, Roy McMurtry.
This week on Hull on Estates, Jonathon Kappy and Nick Esterbauer discuss the recent decision of the Manitoba Court of Queen’s Bench in Garwood v. Garwood Estate, 2016 MBQB 113, 19 E.T.R. (4th) 55, which raises issues of knowledge and approval, suspicious circumstances, and shifting evidentiary presumptions within the context of a will challenge.
This week on Hull on Estates, Natalia Angelini and Stuart Clark discuss the recent decision of Lavoie v. Trudel, 2016 ONSC 4141 (), costs reported at 2016 ONSC 4769, and the circumstance in which the court ordered all parties to bear their own costs in a will challenge notwithstanding that the challenge was not successful.
This week on Hull on Estates, Paul Trudelle and Umair Abdul Qadir discuss limitation periods for dependant’s support claims, seeking leave to extend the limitation period under the Succession Law Reform Act and the recent Ontario Superior Court Justice decision in Weigand v Weigand Estate, 2016 ONSC 6201 (). "
This week on Hull on Estates, David Morgan Smith and Lisa Haseley discuss equalization claims and the court's discretion to award an unequal division of the net family property. Chechui v. Nieman, 2016 ONSC 1905, 2016 CarswellOnt 7547 (http://bit.ly/2cUY8bk)
This week on Hull on Estates, Jonathan Kappy and Laura Betts discuss a recent decision of the Supreme Court of British Columbia, Eastman v Eastman Estate 2016 BCSC 1728 ()
This week on Hull on Estates, Ian Hull and Noah Weisberg discuss the development of testamentary capacity and steps a drafting solicitor should take in this regard.
This week on Hull on Estates, Natalia Angelini and Doreen So discuss the issues surrounding a client’s capacity to instruct counsel.
This week on Hull on Estates, Natalia Angelini and Umair Abdul Qadir discuss Catto v Catto, 2016 ONSC 3025 (http://bit.ly/2cLwM6I), and the conflicts that can arise over funeral and burial arrangements on an intestacy. Read more about the Catto decision on our blog (http://bit.ly/2c4dOH3). And for more on the duty of the Estate Trustee to make funeral and burial arrangements, be sure to check out a paper from our Estate, Trust and Capacity Law Breakfast Series entitled “The Moment of Death and Beyond: Preliminary Duties of the Estate Trustee”. (http://bit.ly/2cJeekY)
This week on Hull on Estates, Paul Trudelle and Laura Betts discuss Poitras Estate v Poitras, 2015 ONSC 5049, () a recent decision of the Ontario Superior Court of Justice, released August 9, 2016, which deals with the issues of testamentary capacity, undue influence, suspicious circumstances and dependant’s support.
This week on Hull on Estates, David Smith and Nick Esterbauer discuss the principle of indemnification of estate trustees and the recent case of the Ontario Court of Appeal in Brown v. Rigsby, 2016 ONCA 521. (http://bit.ly/2biTez3)
This week on Hull on Estates, Jonathon Kappy and Lisa Haseley discuss criminal implications of breaching fiduciary duties.
This week on Hull on Estates, Natalia Angelini and Noah Weisberg discuss the Ontario Superior Court of Justice decision in Taylor-Reid v Taylor as it relates to summary judgment and undue influence. (http://bit.ly/2aKFIUC)
This week on Hull on Estates, Ian M. Hull and Stuart Clark discuss mala fides and bad faith, and when the court will interfere with a Trustee’s discretion.
This week on Hull on Estates, David Smith and Doreen So discuss life tenants, house expenses, and dependant support claims, in the context of Re Goodfriend Estate, [2003] OJ No. 4291. (http://bit.ly/2aogyhb)
This week on Hull on Estates, Jonathon Kappy and Nick Esterbauer discuss the concept of mutual wills and the recent decision of the Ontario Superior Court of Justice in Rammage v. Roussel Estate. ()
This week on Hull on Estates, Natalia Angelini and Umair Abdul Qadir discuss life insurance in the context of two articles, namely, “That’s Life Insurance” by Michael Grob, published in the June 2016 edition of Step Journal () and “Charitable Donations: A Summary of Tax Considerations” by James M. Parks, published in the Canadian Donors Guide 2016/17 ().
Download - Hightail This week on Hull on Estates, Natalia Angelini and Lisa Haseley discuss Britta L. McKenna’s paper, “Expatriation of U.S. Citizenship or Long-Term Resident Status”, which was presented at The Six-Minute Estates Lawyer OBA conference on May 3, 2016.
This week on Hull on Estates, Paul Trudelle and Umair Abdul Qadir discuss awards for costs and the Court’s consideration of offers to settle in . Read more about the Sorozan decision . Should you have any questions, please email us at or leave a comment on our blog.
This week on Hull on Estates, Jonathon Kappy and Stuart Clark discuss Besaw Estate v. Besaw, 2015 CanLII 62411 (http://bit.ly/28Qumyo), and whether the court can admit a Will to probate when one of the attesting witnesses gives evidence that they don’t recall witnessing the Will.
This week on Hull on Estates, Natalia Angelini and Noah Weisberg discuss the relationship between estate freezes and trusts as considered in Donovan Waters’ article located in the Estates and Trusts Pension Journal.
This week on Hull on Estates, Paul Trudelle and Doreen So discuss the trial and costs decisions in Eve v. Brook, 2016 ONSC 1496 (), and 2016 ONSC 3532 ().
This week on Hull on Estates, David Smith and Nick Esterbauer discuss the equitable doctrine of rectification and situations in which Ontario courts may be willing to rectify wills and life insurance beneficiary designations
This week on Hull on Estates, Jonathon Kappy and Stuart Clark discuss the recent decision of Re: Hanson Estate, 2016 ONSC 2382 (), and whether an individual who is mentally competent but physically incapable can direct another individual to sign a life insurance beneficiary designation on their behalf.
This week on Hull on Estates, Natalia Angelini and Umair Abdul Qadir discuss Marcia Green’s paper, entitled “Dealing with Personal Property: The Pesky and the Practical”, which was presented at the Law Society of Upper Canada’s The Six-Minute Estates Lawyer conference on May 3, 2016.
This week on Hull on Estates, Paul Trudelle and Lisa Haseley discuss Sidney Peters and Citlally Maciel’s paper, “Reclaiming Autonomy: Practical Considerations when Client’s resume Capacity”, which was presented at The Six-Minute Estates Lawyer OBA conference on May 3, 2016.
This week on Hull on Estates, Natalia Angelini and Doreen So discuss Deborah Petch’s paper, “Safe Practices: Reducing the ‘Risky Business’ Factor”, which was presented at The Six-Minute Estates Lawyer OBA conference on May 3, 2016”.
This week on Hull on Estates, Paul Trudelle and Stuart Clark discuss contemporaneous capacity assessments. For a link to the paper by Dr. Kenneth Shulman discussed in the podcast, please click here http://bit.ly/1TgJCnl.
This week on Hull on Estates, Noah Weisberg and David Morgan Smith provide a general discussion on insurance policies in the context of estate litigation.
This week on Hull on Estates, Jonathon Kappy and Umair Abdul Qadir discuss the Court of Appeal’s recent comments on independent legal advice in Donis v Georgopoulos, 2016 ONCA 194 (http://bit.ly/1qLCSqL), where an inter vivos transfer was challenged on the basis of undue influence. Read more about the Court’s decision on our blog. (http://bit.ly/1RYCGi3)
This week on Hull on Estates, Natalia Angelini and Lisa Haseley discuss estate planning techniques for reducing probate fees and the pitfalls.
This week on Hull on Estates, Paul Trudelle and Nick Esterbauer discuss recent developments in the prohibition against physician-assisted death, including the exemption granted by the Ontario Superior Court of Justice last month in A.B. v. Canada (Attorney General). (http://bit.ly/1RILY06)
This week on Hull on Estates, Jonathon Kappy and Noah Weisberg discuss the duties trustees owe to beneficiaries as it relates to the rule in Saunders v Vautier.
This week on Hull on Estates, Jonathon Kappy and Stuart Clark discuss the Court of Appeal’s recent decision of Neuberger v. York, 2016 ONCA 191, and the inquisitorial role of the court in the context of a will challenge, and the applicability of the doctrines of estoppel by convention and estoppel by representation in a will challenge.
This week on Hull on Estates, Natalia Angelini and Umair Abdul Qadir discuss the Court of Appeal’s recent ruling in Spence v BMO Trust Company, 2016 ONCA 196 (http://bit.ly/1RJfrnR). The Court of Appeal overturned the controversial decision of the Superior Court of Justice, where the Court had set aside the deceased’s Will because it was contrary to public policy based on extrinsic evidence.Read more about the Court of Appeal’s decision on our blog (http://bit.ly/225PtlP), and don’t miss our previous podcast on the lower court decision (http://bit.ly/1RZAHID)
This week on Hull on Estates, Paul Trudelle and Doreen So discuss how a bequest to a witness may be void and who should not be a witness to the execution of a Power of Attorney.
This week on Hull on Estates, David Morgan Smith and Lisa Haseley discuss public policy and the recent Ontario Superior Court decision of Royal Trust Corporation of Canada v. The University of Western Ontario et al. http://bit.ly/1R83FTR
This week on Hull on Estates, Noah Weisberg and Nick Esterbauer discuss a recent decision of the Tax Court of Canada that addresses the use of property transferred to spouses to satisfy tax liabilities pursuant to the Income Tax Act. A copy of the Kuchta v. The Queen decision is available here: http://bit.ly/1QcncGi
This week on Hull on Estates, Natalia Angelini and Doreen So discuss a recent dependant support ruling in Bormans v Estate of Bormans and the treatment of insurance proceeds pursuant to section 72 of the Succession Law Reform Act.
This week on Hull on Estates, Paul Trudelle and Stuart Clark discuss the recent decision of Re: Estate of Richard Lewis Crane, 2016 ONSC 291, and the issue of whether mortgage insurance should be taken into account when calculating the “net estate” available for distribution on an intestacy
This week on Hull on Estates, David Morgan Smith and Noah Weisberg discuss the responsibility for joint debt upon death of one of the debtors.
This week on Hull on Estates, Jonathon Kappy and Nick Esterbauer discuss the Law Commission of Ontario’s interim report on Legal Capacity, Decision-Making and Guardianship. A copy of the report is available here: http://bit.ly/1PthwTI
This week on Hull on Estates, Natalia Angelini and Umair Abdul Qadir discuss the new Rule 75.2 of the Rules of Civil Procedure. Rule 75.2 provides the Court with the authority to order a mediation in certain estate litigation matters even when mandatory mediation under Rule 75.1 does not apply, and came into force on January 1, 2016.
This week on Hull on Estates, Paul Trudelle and Lisa Haseley discuss irrevocable gifts and the recent Ontario Court of Appeal decision of Abdollahpour v. Banifatemi - http://bit.ly/1Pf9yOa
Today on Hull on Estates, Paul Trudelle and Doreen So discuss a selection of the Top Estate, Trust and Capacity Cases of 2015: A Year in Review
This week on Hull on Estates, Jonathon Kappy and Nick Esterbauer discuss the development of fiduciary relationships and the recent Ontario Superior Court of Justice decision of McKay Estate v. McKay. Should you have any questions, please email us at or leave a comment on our blog.
This week on Hull on Estates, Paul Trudelle and Noah Weisberg discuss the recent Ontario Superior Court of Justice decision of Keller v. Wilson, 2015 ONSC 6962, pertaining to applications for directions by Attorneys and passing of Attorney accounts pursuant to the Substitute Decisions Act.
This week on Hull on Estates, Natalia Angelini and Lisa Haseley discuss drafting and litigating no-contest clauses in Wills.
This week on Hull on Estate Jonathon Kappy and Lisa Haseley discuss the differences and implications of proving a will in common form and solemn form. Should you have any questions, please email us at or leave a comment on our blog.
This week on Hull on Estates David Morgan Smith and Doreen So discuss the Law Commission of Ontario’s Final Report on Simplified Procedures for Small Estates, which is also available online at http://www.lco-cdo.org/en/small-estates-final-report.
This week on Hull on Estates, Natalia Angelini and Nick Esterbauer discuss security bonds within the context of estate administration and guardianship of property, as well as certain situations in which security is typically required and applicants may request to dispense with the requirement to provide security
This week on Hull on Estate Jonathan Kappy and Lisa Haseley discuss Jenny Pho, Dale & Lessmann LLP’s paper Illiquid Estates and Other Solvency Issues presented at Probate Essentials 2015, pertaining to issues faced by an Estate Trustee when administering an illiquid or insolvent estate.
This week on Hull on Estates Noah Weisberg and Natalia Angelini discuss P. Ann Lalonde’s contribution to the Key Developments in Estates and Trusts Law in Ontario (chapter 12), pertaining to variations of trusts and the steps and considerations involved in proceeding.
This week on Hull on Estates, Paul Trudelle and Doreen So discuss purchase money resulting trusts and the Supreme Court of Canada Rascal decision.
This week on Hull on Estates, David Smith and Nick Esterbauer discuss avenues of support for common law spouses, including claims for survivor’s pensions and the related legislation and case law in Ontario.
This week on Hull on Estates, Paul Trudelle and Josh Eisen discuss a private member’s bill that was recently voted down. Before its demise, Bill 120 had proposed a number of interesting changes to probate fees in Ontario, including a maximum fee and deductions for charitable bequests.
This week on Hull on Estates, Jonathon Kappy and Noah Weisberg discuss the recent British Columbia Court of Appeal decision in Bentley v. Maplewood Seniors Care Society, which amongst other things, stresses the importance that persons who wish to make provision for their care and decision-making in their declining years to obtain legal advice.
This week on Hull on Estates, Natalia Angelini and Doreen So discuss the story of Maria Mitousis, workplace safety for lawyers and special safety planning considerations for clients during mediations and throughout litigation.
This week on Hull on Estates, Paul Trudelle and Nick Esterbauer discuss artwork and the special considerations that should not be overlooked when it comes to estate planning or administration involving this unique investment asset.
This week on Hull on Estates, David Smith and Josh Eisen discuss an innovative way to protect a testator from undue influence, proposed by author John E. S. Poyser in his new book, Capacity and Undue Influence. Should you have any questions please email us at or leave a comment.
This week on Hull on Estates, Jonathon Kappy and Doreen So discuss a Court of Appeal case related to bankruptcy and its overlapping concepts related to estate planning. Should you have any questions, please email us at or leave a comment on our blog.
This week on Hull on Estates, Natalia Angelini and Nick Esterbauer discuss a recent paper by Wendy Griesdorf, which highlights the differences between delirium and dementia, and the relevance of this distinction within the context of estate and guardianship proceedings. Should you have any questions, please email us at , or leave a comment on our blog.
Today on Hull on Estates, Paul Trudelle and Umair Abdul Qadir discuss the Ontario Superior Court of Justice’s recent decision in Nguyen v Pham, 2015 ONSC 4548, where the two litigants sought orders removing each other as the estate trustee of the deceased’s estate. You can read more about this decision in David Freedman’s recent blog post.
Today on Hull on Estates, Noah Weisberg and David Morgan Smith discuss the recent English Court of Appeal decision of Ilott and Mitson which considers both estrangement and testamentary wishes in the context of dependant support and its application under Part V of the (Ontario) Succession Law Reform Act.
Today on Hull on Estates, Moira Visoiu and Doreen So discuss estate law issues that may arise through the use of artificial reproductive technologies and Ian Hull’s paper, “Fertility Law in the Context of Estates. Congratulations again to Sara Cohen for being recognized as one of the Top 25 Most Influential by Canadian Lawyer in respect of her work in Canadian fertility law.
Today on Hull on Estates, Paul Trudelle and Josh Eisen look at the concept of the lucid interval in the context of testamentary capacity and examine recent research that raises some doubts about whether a person can temporarily regain capacity after he/she has been impaired. Should you have any questions, please email us at webmaster@hullandhull.com, or leave a comment on our blog.
This week on Hull on Estates, Natalia Angelini and Nick Esterbauer discuss estate distributions on mistakes of fact and case law that recognizes the obligation of beneficiaries to repay distributions to an estate to cover unanticipated tax liabilities. Episode resource:
Should you have any questions, please email us at , or leave a comment on our blog.
Today on Hull on Estates, Jonathon Kappy and Noah Weisberg discuss the recent Regulations amending the Rules of Civil Procedure including amendments to mediation and updated court forms. Should you have any questions, please email us at , or leave a comment on our blog.
Today on Hull on Estates, Jonathon Kappy and Noah Weisberg discuss the recent Regulations amending the Rules of Civil Procedure including amendments to the authentication and confirmation of estate trustees, and passing of accounts.
Today on Hull on Estates, David M. Smith and Stuart Clark discuss the definition of “spouse” within the meaning of Part V of the Succession Law Reform Act, and the factors that the court will look to in determining whether two parties are common law spouses within the meaning of the Act, with particular attention paid to whether two parties must live under the same roof to be considered common law spouses.
Today on Hull on Estates, Jonathon Kappy and Doreen So discuss The Advocates Society’s and the resources on our new Hull & Hull website. Should you have any questions, please email us at , or leave a comment on our blog.
Today on Hull on Estates, Paul Trudelle and Noah Weisberg discuss the recent Ontario Court of Appeal decision of Mroz v. Mroz, departing from the decision by the Superior Court of Justice, with respect to the application of Pecore in transfers of real property between a parent and their adult child.
This week on Hull on Estates, David M. Smith and Stuart Clark discuss the recent Macleans cover story “The Inheritance Wars”, and the general trends in estate litigation.
This week on Hull on Estates, Jonathon Kappy and Andrea Buncic discuss the recent decision of Moore v. Gatahun, 2015 ONCA 55, and counsels' permissible communications with expert witnesses and disclosure obligations of prior draft expert reports. Should you have any questions, please email us at or leave a comment on our blog.
This week on Hull on Estates, Paul Trudelle and Josh Eisen discuss some issues that can arise in equalization of net family property under the Family Law Act and why it might not be appropriate to elect in favour of equalization even when the spouse receives nothing under the will. Should you have any questions, please email us at or leave a comment on our blog.
This week on Hull on Estates, David Smith and Nick Esterbauer discuss digital legacies and recent developments in social media that may assist not only in sharing digital information and assets with surviving family members or friends, but also in continuing an online presence after death. Should you have any questions, please email us at or leave a comment on our blog.
Today on Hull on Estates, Natalia Angelini and Josh Eisen look at a recent case addressing the requirements under the Substitute Decisions Act for resigning as an attorney under a power of attorney for property and for personal care. In , the Court considered the effectiveness of a disputed resignation where the attorneys imposed a condition that had not been satisfied.
Today on Hull on Estates, Jonathon Kappy and Noah Weisberg discuss administration and accounting obligations with respect to digital assets and digital accounts. Although much attention of late has been targeted towards the gathering of these assets, and the determination of the rightful owner, attention must also turn to the inclusion of these assets in administration and accounting. Should you have any questions, please email us at or leave a comment on our blog.
Today on Hull on Estates, Andrea Buncic and Paul Trudelle discuss the recent Superior Court of Justice decision De Cruz Lee v. Lee, 2015 ONSC 2012, and in particular the Costs Endorsement of the Hon. Justice Skarica released recently on March 27, 2015. Should you have any questions, please email us at or leave a comment on our blog page.
This week on Hull on Estates, Moira Visoiu and Josh Eisen discuss a recent article published in the Law Times describing the trend toward the use of advanced computing technology to answer difficult legal questions and how this might be applicable in the context of estate litigation. Should you have any questions, please email us at or leave a comment on our blog.
This week on Hull on Estates, Natalia Angelini and Stuart Clark discuss the recent from Precedent Magazine outlining the growth of legal services (including estate planning) being offered at locations such as Walmart. Natalia and Stuart also continue the which we have recently been having on our blog regarding the potential positives and negatives of these kinds of services. Should you have any questions, please email us at or leave a comment on our blog page.
This week on Hull on Estates, Jonathon Kappy and Doreen So discuss the 411 on Saunders v. Vautier and the jurisdiction of the Court to order a capacity assessment under the Substitute Decisions Act, as well as the Courts of Justice Act in the context of the recent Justice Himel decision in . Should you have any questions, please email us at or leave a comment on our blog page.
This week on Hull on Estates, Paul Trudelle and Nick Esterbauer discuss their experience volunteering with Junior Achievement of Canada and the importance of teaching youth about financial planning. Should you have any questions, please email us at , or leave a comment on our blog page.
Today on Hull on Estates, David Smith and Josh Eisen discuss the new regulation under the Estate Administration Tax Act, 1998 and answer some frequently asked questions about the regulation. Should you have any questions, please email us at , or leave a comment on our blog page.
Today on Hull on Estates, Natalia Angelini and Noah Weisberg discuss the use of foundations, in particular the Toronto Foundation, as a charitable gifting option to consider with individuals who wish to provide to a charity. Should you have any questions, please email us at webmaster@hullandhull.com, or leave a comment on our blog page.
Today on Hull on Estates, Jonathon Kappy and Stuart Clark discuss the recent decision and the circumstances under which a court may compel an Estate Trustee to make an interim distribution to the beneficiaries. Should you have any questions, please email us at webmaster@hullandhull.com, or leave a comment on our blog page.
Today on Hull on Estates, Moira Visoiu and Paul Trudelle discuss an article presented at the OBA entitled Restitution for the Elderly Client, which looks at ways in which the law of Restitution, and the principle of unjust enrichment, can be particularly helpful for elderly clients who seek to recover assets that were transferred inadvertently. Should you have any questions, please email us at webmaster@hullandhull.com, or leave a comment on our blog page.
Today on Hull on Estates, Andrea Buncic and Noah Weisberg discuss the recent Supreme Court of Canada decision of Carter v. Canada and its relevancy to estate planning issues. Should you have any questions, please email us at or leave a comment on our blog page.
Today on Hull on Estates, Natalia R. Angelini and Doreen So discuss the newly released controversial decision pertaining to . If you have any questions, please email us at or leave a comment on our blog page.
Today on Hull on Estates, Noah Weisberg and Paul Trudelle discuss the recent Court of Appeal decision of and the effects this has on cost awards in estate matters, including blended awards. Noah Weisberg and Paul Trudelle also discuss the Court of Appeal decision of , which applies blended awards. If you have any questions, please email us at or leave a comment on our blog page.
Today on Hull on Estates, Paul Trudelle and Stuart Clark discuss the role of the Office of the Children's Lawyer. Specifically, they discuss a recent publication which the Office of the Children's Lawyer has released answering frequently asked questions regarding what role their office plays. A copy of the publication can be found . If you have any questions, please email us at or leave a comment on our blog page..
Today on Hull on Estates, Jonathon Kappy and Doreen So discuss the Position Paper of the Advocates Society as interveners to the appeal of Moore v. Getahun in relation to what is appropriate communications between counsel and experts. If you have any questions, please email us at or leave a comment on our blog page.
Today on Hull on Estates, Andrea Buncic and Natalia Angelini discuss the concepts of Testamentary Capacity and Undue Influence in relation to Narcissistic Personality Disorder, and other mood disorders. This topic was recently presented by Ian M. Hull and Dr. Kenneth Shulman at the 17th Annual Estates and Trusts Summit on November 4, 2014. If you have any questions, please email us at or leave a comment on our blog page.
Should you have any questions, email us at hull.lawyers@gmail.com or leave a comment on our blog page.
If you have any questions or comments, leave a comment on our blog page or email us at hull.lawyers@gmail.com.
Today on Hull on Estates, Josh Eisen and Jonathon Kappy discuss the authorities and duties of estate trustees during litigation. If you have any questions, please email us at , or leave a comment on our blog page.
Today on Hull on Estates, Josh Eisen and Moira Visoiu discuss the Variation of Trusts Act. If you have any questions, please email us at , or leave a comment on our blog page.
Today on Hull on Estates, Paul Trudelle and Doreen So discuss plene administravit in the context of the Mortgage Insurance Company of Canada v. Grant case.
Today on Hull on Estates, Jonathon Kappy and Holly LeValliant discuss proposed legislation, the Uniform Trustee Act, which would reform trust law in Canada. If you have any questions, please email us at .
Today on Hull on Estates, David Smith and Andrea Buncic discuss holograph wills, and some difficulties that may arise when making a holograph will. If you have any questions, please email us at .
Today on Hull on Estates, Crystal O’Donnell and Stuart Clark discuss the new approach to summary judgement and the . Stuart and Crystal discuss new principles to consider in the context of a will challenge. If you have any questions, please email us at , or leave a comment on our blog page.
Today on Hull on Estates, Moira Visoiu and David Smith discuss a case involving costs award and the decision made by the Court of Appeal. If you have any questions, please email us at hull.lawyers@gmail.com, or leave a comment on our blog page.
Today on Hull on Estates, Moira Visoiu and David Smith discuss a case involving costs award and the decision made by the Court of Appeal. If you have any questions, please email us at hull.lawyers@gmail.com, or leave a comment on our blog page.
Today on Hull on Estates, Paul Trudelle and Joshua Eisen discuss the pleading of plene administravit: Avoiding personal liability as an estate trustee for claims against the estate. If you have any questions, please email us at , or leave a comment on our blog page.
Today on Hull on Estates, Crystal O'Donnell and Doreen So discuss the Uniform Trustee Act. If you have any questions, please email us at .
Today on Hull on Estates Andrea Buncic and Jonathon Kappy discuss the guiding principles for estate trustees when allocating dividends between income and capital beneficiaries. If you have any questions, please email us at or leave a comment on our blog page.
Today on Hull on Estates, David Smith and Noah Weisberg discuss the border line between legitimate estate planning and avoidance of family law obligations. If you have any questions, please email us at , or leave us a comment on our blog page.
Today on Hull on Estates, Noah Weisberg and Moira Visoiu discuss the reliance and use of releases. If you have any questions, please email us at or leave a comment on our blog page.
Today on Hull on Estates, Jonathon Kappy and Noah Weisberg discuss changes to the. If you have any questions, please email us at or leave a comment on our blog page.
Today on Hull on Estates, Paul Trudelle and Stuart Clark discuss variations of trusts and a by C.D. Freedman presented at the 16th Annual Estates and Trusts summit. If you have any questions, please email us at or leave us a comment on our blog page.
Today on Hull on Estates, David Smith and Josh Eisen discuss the strict approach to due execution of a will in Ontario, and the more permissive alternative approach followed in some other provinces. If you have any questions, please email us at or leave us a comment on our blog page.
Today on Hull on Estates, Paul Trudelle and Holly LeValliant discuss a decision of the Queen's Bench of Saskatchewan, which dealt with the issue of whether a person who transfers real property into joint tenancy is entitled to change her mind.
If you have any questions, please email us at or leave a comment on our blog page.
Today, in episode #356 of Hull on Estates, Jonathon Kappy and Crystal O'Donnell discuss the main considerations counsellors need to be mindful of when dealing with evidence, whether it's by application, action, or motion.
If you have any questions, please email us at or leave a comment on our blog page.
Today, in episode #355 of Hull on Estates, Paul Trudelle and Holly LeValliant discuss the common law of hearsay and section 13 of the Evidence Act in the context of estate litigation in the Court of Appeal decision in
If you have any questions, please email us at or leave a comment on our blog page.
Today on Hull on Estates, Andrea Buncic and Paul Trudelle discuss some of the disadvantages of an Estate Trustee waiting for a Notice of Objection to expire rather than bringing an Application for Directions.
If you have any questions, please email us at or leave a comment on our blog page.
Today on Hull on Estates, Jonathon Kappy and Noah Weisberg discuss the recent Supreme Court of Canada decision on the case of Hassan Rasouli, a gentleman who was hospitalized and on life support. Mr. Rasouli's family did not agree with doctors' decisions to remove him from all such support. Jonathon and Noah discyss the broader implications of the issue at hand, the , and the Consent and Capacity Board. If you have any questions, please email us at or leave a comment on our blog page.
Today on Hull on Estates, David Smith and Holly LeValliant discuss a recent case , where the Applicant developed Parkinson’s Disease, which made it impossible for her to live in the matrimonial home. Accordingly, the Estate argued that at the valuation date (the date of death of the deceased), the property was not ordinarily occupied by the Applicant and therefore was not a matrimonial home pursuant to the . David and Holly discuss the broader implications of the issue in the Estates and Guardianship contexts. If you have any questions, please email us at or leave a comment on our blog page.
Today on Hull on Estates, Paul Trudelle and Joshua Eisen discuss solicitor’s notes when taking instructions for a will. Rodney Hull’s Checklist for Solicitors Preparing Wills in Situations Indicating A Need for Special Care in Taking Instructions can be accessed . If you have any questions, please email us at or leave a comment on our blog page.
Today on Hull on Estate, Crystal O’Donnell and David Smith discuss the issues surrounding gifts in mortis causa.
If you have any questions, please email us at or leave a comment on our blog page.
Today on Hull on Estates, Andrea Buncic and Paul Trudelle discuss the importance of giving thought to your pets when planning your estate or drafting your will. If you have any questions, please email us at or leave a comment on our blog page.
Today on Hull on Estates, Jonathon Kappy and Josh Eisen discuss the issue of standing to object to a will and motions to have notices of objection removed. If you have any questions, please email us at or leave a comment on our blog page.
Today on Hull on Estates, Moira Visoiu and Jonathon Kappy discuss when an application should be converted to an action.
If you have any questions, please email us at or leave a comment on our blog page.
Today on Hull on Estates, Paul Trudelle and Stuart Clark discuss the resignation, retirement and renunciation of executors and trustees. If you have any questions, please email us at or leave a comment on our blog page.
Today on Hull on Estates, David Smith and Noah Weisberg discuss the power of attorney for personal care based on the case out of British Columbia, about how to plan for advanced directives as it applies to living wills. If you have any questions, please email us at or leave a comment on our blog page.
Today on Hull on Estates, Natalia Angelini and Jonathon Kappy discuss the recent decision of the Ontario Court of Appeal in in which the court clarifies the distinction and application of an Estate Trustee’s renunciation, removal and passing over.
If you have any questions, please email us at or leave a comment on our blog page.
Today on Hull on Estates, Paul Trudelle and Stuart Clark discuss the recent case of , and whether an RRSP that passes to a designated beneficiary on death is available to CRA to satisfy the deceased’s tax debt. If you have any questions, please email us at or leave a comment on our blog page.
Today on Hull on Estates, David Smith and Holly LeValliant discuss whether an estate freeze can be considered a fraudulent conveyance. David and Holly discuss the Ontario Superior Court of Justice case Reisman v. Reisman 2012 ONSC 3148 and compare it to the Ontario Court of Appeal’s decision in Stone v. Stone 2001 CanLII 24110 (ON CA). If you have any questions, please e-mail us at .
Today on Hull on Estates, Natalia Angelini and Saman Jaffery discuss the proposed changes to the taxation of trusts and estates. They also mention a recent by Ian Hull, and a for the proposed legislation.
If you have any questions, please e-mail us at .
Today on Hull on Estates, David Smith and Stuart Clark discuss family law in trusts and estates litigation.
If you have any questions, please e-mail us at or leave a comment on our blog page.
Today on Hull on Estates, Noah Weisberg and Natalia Angelini discuss the probate of a lost will and the case out of the Supreme Court of British Columbia, Thierman Estate v. Thurman. A link to the case can be found .
If you have any questions, please e-mail us at or leave a comment on our blog page.
Today on Hull on Estates, Paul Trudelle and Jonathon Kappy discuss priorities in payment of estate debts, equalization, dependant support and bequests.
If you have any questions, please e-mail us at or leave a comment on our blog page.
Today on Hull on Estates, Holly LeValliant and Natalia Angelini discuss what happens to a home held in joint-tenancy when, after death, the deceased individual’s estate is pushed into bankruptcy.
If you have any questions, please email us at or leave a comment on our blog page.
Today on Hull on Estates, Nadia Harasymowycz and David Smith discuss Resealing of Guardianship Orders from Foreign Jurisdictions. If you have any questions, please email us at or leave a comment on our blog page.
Today on Hull on Estates, Paul Trudelle and Saman Jaffery discuss one of the presentations at the recent STEP Canada Conference, titled “Ethical Red Flags for the Estate and Trust Adviser: What to Watch for and What to Do.” A link to the article can be found .
If you have any questions, please e-mail us at or leave a comment on our blog page.
Today on Hull on Estates, David Smith and Moira Visoiu discuss the differing ways in which the law treats married spouses and common law spouses.
If you have any questions, please e-mail us at or leave a comment on our blog page.
Today on Hull on Estates, Natalia Angelini and Stuart Clark discuss a recent paper presented at the 6 Minute Estates Lawyer titled “Expert Evidence in Trust and Estate Litigation,” by Eric N. Hoffstein and Ira Stuchberry.
If you have any questions, please email us at or leave a comment on our blog page.
Today on Hull on Estates, David Smith and Jonathon Kappy discuss procedural nuances on a passing of accounts application. If you have any questions, please e-mail us at or leave a comment on our blog page.
This week on Hull on Estates, Natalia Angelini and Jonathon Kappy discuss issues involving minors and incapables. Specifically, they discuss accepting payment into court for the benefit of individuals under the age of majority as well as various statutes dealing with accepting payment into court.
Please leave a comment or send us an email at if you have any questions.
Today on Hull on Estates, Paul Trudelle and Noah Weisberg discuss dependant support claims with respect to a recent decision by the Ontario Superior Court of Justice. A link to the case can be found . If you have any questions, please email us at or leave a comment on our blog page.
Today on Hull on Estates, David Smith and Saman Jaffery discuss the recent Ontario Superior Court of Justice decision in . This recent decision considers what limitation period applies in respect of a constructive trust claim in connection with real property in a family law context. As David and Saman discuss, this decision also provides guidance to estate lawyers and practitioners. If you have any questions, please e-mail us at or leave a comment on our blog page.
Today on Hull on Estates, Natalia Angelini and Moira Visoiu discuss the Ontario Court of Appeal’s decision in Carrigan v. Carrigan Estate. A link to the case can be found . If you have any questions, please e-mail us at or leave a comment on our blog page.
Today on Hull on Estates, Paul Trudelle and Jonathon Kappy discuss a recent article in the March 2013 issue of The Advocates’ Journal titled “Judges’ Tips for Young Advocates” by Gillian Kerr. If you have any questions, please e-mail us at or leave a comment on our blog page.
Today on Hull on Estates, Noah Weisberg and David Smith discuss the role of oral contracts in estate law. A link to the case can be found . If you have any questions, please e-mail us at or leave a comment on our blog page.
Today on Hull on Estates, Stuart Clark and Natalia Angelini discuss two of the most interesting cases of 2012 - Rasouli v. Sunnybrook Health Services Centre and another case dealing with proprietary estoppel. If you have any questions, please email us at or leave a comment on our blog page.
Today on Hull on Estates, Paul Trudelle and Nadia Harasymowycz discuss the recent 2012 decision of Zinn v. Bergren. You can read about the case . If you have any questions, please email us at or leave a comment on our blog page.
Today on Hull on Estates, Natalia Angelini and Nadia Harasymowycz discuss Digital Assets, including , and the If you have any questions, please email us at or leave a comment on our blog page.
Today on Hull on Estates, Paul Trudelle and Moira Visoiu discuss separation agreements and the effects they have on beneficiaries rights on intestacy under the . If you have any questions, please email us at or leave a comment on our blog page.
Today on Hull on Estates, Natalia Angelini and Stuart Clark discuss domicile with reference to the Alberta Court of Appeal decision of the . If you have any questions, please e-mail us at or leave a comment on our blog page.
Today on Hull on Estates, Natalia Angelini and Noah Weisberg speak about the recent CLE program, “Advising the Elderly Client”, and more specifically on a paper written by Margaret E. Rintoul titled “Tax Planning for Estates: You Can’t Always Get What You Want”. If you have any questions, please e-mail us at or leave a comment on our blog page.
Today on Hull on Estates, Paul Trudelle and Jonathon Kappy discuss the law of trusts and matrimonial homes. A link to the case mentioned can be found . If you have any questions, please email us at or leave a comment on our blog page.
This week on Hull on Estates, Paul Trudelle and Moira Visoiu discuss retaining an expert in elder care. Specifically, they mention a private company that can provide an assessment or wellness plan. Paul and Moira also discuss how these plans can be used in preparing for the future as well as in litigious settings. Please email us at or leave a comment on our blog if you have any questions.
Today on Hull on Estates, Natalia Angelini and Saman Jaffery podcast on joint family ventures (post ). In particular, they discuss the recent decision in . If you have any questions, please e-mail us at or leave a comment on our blog page.
Today on Hull on Estates, Paul Trudelle and Saman Jaffery speak about the recent decision in regarding applications under the . Please email us at or leave a comment on our blog if you have any questions.
Today on Hull on Estates David Smith and Moira Visoiu discuss New Year’s resolutions for legal practitioners. Specifically, they refer to the December 2012 issue of . A few of the best practices mentioned are the use of checklists, time management tools as well as tips for thorough documentation. Please email or leave a comment on our blog if you have any questions.
This week on Hull on Estates, Natalia Angelini and Stuart Clark discuss mistakes made in the drafting of a will. Specifically, they discuss will rectifications and mention Lipson v. Lipson, 2009 CanLII 66904 (ON SC), which can be found . Please email us at or leave a comment on our blog if you have any questions.
Today on Hull on Estates, David Morgan Smith and our newest associate, Jonathon Kappy, discuss the evolution of the Limitations Act and the impact of the discoverability principle on claims against the estate. If you have any questions, please e-mail us at or leave a comment on our blog page.
This week on Hull on Estates, Natalia Angelini and Saman Jaffery discuss a paper on disclosure in estates and trusts that was presented by Ian Hull at the 15th Annual Estates and Trusts Summit. More specifically they discuss who must disclose what and when. Please email if you have any questions, or leave a comment on our blog.
This week on Hull on Estates, Paul Trudelle and Holly LeValliant discuss beneficiary designations when a will is revoked. More specifically, they discuss a recent decision made by the Ontario Superior Court of Justice: .
If you have any questions, please email us at or leave a comment on our .
Today on Hull on Estates, David Morgan Smith and Nadia Harasymowycz discuss guardianship and capacity issues in circumstances where incapacity is a distinct possibility, but not currently the case. If you have any questions, please e-mail us at or leave a comment on our blog page.
Today on Hull on Estates, Natalia Angelini and Stuart Clark discuss the importance of limitation periods with reference to a paper written by Archie Rabinowitz titled “Limitation Periods in Estate Litigation”. If you have any questions, please e-mail us at or leave a comment on our blog page.
Today on Hull on Estates, David Smith and Holly LeValliant discuss David’s paper “Due Execution Reconsidered,” that he presented at our most recent . David and Holly discuss the issues raised in two decisions of the U.K. Courts, Esterhuizen v. Allied Dunbar Assurance and Gray v. Richards Butler. If you have any questions, please e-mail us at or leave a comment on our blog page.
Today on Hull on Estates, Paul Trudelle and Nadia Harasymowycz discuss how to bring a creative approach to organizing a civil trial. If you have any questions, please e-mail us at or leave a comment on our blog page.
Today on Hull on Estates, Natalia Angelini and Moira Visoiu podcast on the issue of estate trust liability, and more particularly investment losses and environmental claims. If you have any questions, please e-mail us at or leave a comment on our blog page.
Today on Hull and Hull on Estates, Paul Trudelle and Holly LeValliant discuss an application for a preservation order by the Attorney General of Ontario to try to stop a mentally ill man who killed his wife from receiving her life insurance proceeds. Ved Dhingra was found Not Criminally Responsible for her death as a result of his mental illness. The Ontario Superior Court of Justice allowed the preservation order and the Attorney General applied for forfeiture of the insurance proceeds under the Civil Remedies Act. Ontario (Attorney General) v. $51,000 CDN (in rem), 2012 ONSC 4958 (CanLII). If you have any questions, please e-mail us at or leave a comment on our blog page.
Today on Hull on Estates, Natalia Angelini and Saman Jaffery talk about the issue of consent in withdrawing a person from life support. If you have any questions, please e-mail us at or leave a comment on our blog page.
Today on Hull on Estates, Natalia Angelini and Nadia Harasymowycz talk about the concept of a “synergy room” and how the Lawyers of Hull and Hull LLP are creating a new way of thinking based on a book by Dr. Stephen Covey titled “The 3rd Alternative”. If you have any questions, please e-mail us at or leave a comment on our blog page.
Today on Hull on Estates, Natalia Angelini and Stuart Clark discuss the . More specifically, they look at the Residents Bill of Rights and what the repercussions of violating the bill of rights may be. If you have any questions, please e-mail us at or leave a comment on our blog page.
This week on Hull on Estates, David Morgan Smith and Nadia Harasymowycz talk about a recent article in The Lawyer’s Weekly about Jordan Atin’s talk at STEP titled “Changing families mean changing legacies.” If you have any questions, please e-mail us at or leave a comment on our blog page.
Today on Hull on Estates, Paul Trudelle and Holly LeValliant discuss a recent Court of Appeal decision from Ontario on Contingency fees. Holly and Paul discuss Contingency Fee Agreements involving parties under disability. If you have any questions, please e-mail us at or leave a comment on our blog page.
This week on Hull on Estates, Natalia Angelini and Moira Visoiu discuss a recent report released by the Law Commission of Ontario entitled “Framework for the Law as it Affects Older Adults.” More specifically, they touch on certain laws and policies that may have a negative effect on older people. If you have any questions, please e-mail us at or leave a comment on our blog.
This week on HOE, Paul Trudelle and Nadia Harasymowycz discuss and the issue of appealing a costs order. Please email or leave a comment on our if you have any questions.
Today on Hull on Estates, Natalia Angelini and Holly LeValliant podcast about a topic discussed in the Six Minute Estates Lawyer on dilemmas of deathbed wills. They speak on the importance of being guided by the rules of professional conduct and the role of the retainer. Please email us at or leave a comment on our blog if you have any comments or questions.
This week on Hull on Estates, David Smith and Moira Visoiu discuss a commentary produced by Lindsay Histrop on the Ontario Court of Appeal decision in . David and Moira touch on why has had such an impact and support claims under part 5 of the Succession Law Reform Act.
If you have any questions, please e-mail us at or leave a comment on our .
This week on Hull on Estates, Nadia Harasymowycz and Natalia Angelini discuss two articles featured in this week’s Globe and Mail. Specifically, they touch on gifting (pre and after death), what you decide to do with your assets and the importance of clarity within your will. If you have any questions, please e-mail us at or leave a comment on our blog page.
This week on Hull on Estates, David Morgan Smith and Moira Visoiu discuss Mutual Wills and Contracts to Make Wills. Additionally, they reference an article titled Edell v. Sitzer (2001), which can be found . If you have any questions, please e-mail us at hull.lawyers@gmail.com or leave a comment on our .
This week on Hull on Estates, David Morgan Smith and Saman Jaffery discuss a recent decision by the Ontario Court of Appeal in . Specifically, they discuss the methods for severing a joint tenancy and what constitutes a 'course of dealing' sufficient to sever a joint tenancy in property. If you have any questions, please email us at hull.lawyers@gmail.com or leave a comment on our .
This week on Hull on Estates, David Morgan Smith and Nadia Harasymowycz discuss Solicitor-Client Privilege. They touch on the importance of lawyers' notes relating to Estate Litigation, and reference the recent Nortel Fraud Trial, which can be found . If you have any questions, please email us at or leave a comment on our blog.
This week on Hull on Estates, Paul Trudelle and Moira Visoiu discuss a recent paper from the Six Minute Estate Lawyer put on by the Law Society of Upper Canada on April 24, 2012. More specifically, they discuss the Common Law Rule in Saunders v. Vautier. If you have any questions, please email us at hull.lawyers@gmail.com or leave a comment on our .
This week on Hull on Estates, David Smith and Holly LeValliant discuss case law and a recent paper written by Suzana Popovic Montag and Stuart Clark on interim relief claims.
This week, Saman Jaffery and David Morgan Smith discuss the recent Supreme Court decision in the Fundy Settlement v. Canada case with respect to a residency of trust. Additional information about the case can be found . If you have any questions, please send us an email at hull.lawyers@gmail.com or leave a comment on our .
This week on Hull on Estates, Paul Trudelle and Nadia Harasymowycz discuss whether estates can pursue charter claims. Specifically, they discuss Grant v. Winnipeg Regional Health Authority.
This week, Natalia Angelini and Moira Visoiu discuss changes in the Alberta Wills and Succession Act.
This week on Hull on Estates, David Morgan Smith and Holly LeValliant discuss Joint Tenancies. More specifically, they deal with real properties and the severance of joint tenancies. David and Holly also make reference to an article written by Jordan Atin called "Severance of Joint Tenancies."
This week on Hull on Estates, Paul Trudelle and Saman Jaffery discuss will challenges and the validity of Holograph Wills according to The Formal Requirements of the Succession Law Reform Act. Specifically they discuss as well as determining Testamentary Capacity.
This week on Hull on Estates, Natalia Angelini and Nadia Harasymowycz discuss DNA and parental obligations. For more information, please visit .
This week on Hull on Estates, David Smith and Moira Visoiu discuss the challenge of detecting undue influence. They define the term, discuss a change to section 52 of the Wills, Estates and Succession Act in British Columbia, and reference an illustrative case of Vout v. Hay. If you have any questions, then please email hull.lawyers@gmail.com or leave a comment on our blog.
This week on Hull on Estates, Natalia Angelini and Saman Jaffery talk about a paper by The Honourable Mr. Justice Joseph W. Quinn. The paper, A Judge's View: Things Lawyers Do to Annoy Judges; Things They Do to Impress Judges, discusses things like correctly estimating the time of a trial or long motion, understanding the geography of the courtroom, and using consistent terminology throughout an order. The paper can be accessed . If you have any comments or questions, then please send us an email at or leave use a comment on our blog.
This week on Hull on Estates, Paul Trudelle and Holly LeValliant discuss what is required to prove a common law relationship. The courts take a liberal approach to determining whether a relationship is common law. The general factors used to assess the relationship are shelter, sexual and personal behavior, services, social, societal, support and children. Paul and Holly reference two cases in the podcast: Molodowich v. Penttinen and . Please send us an email at or visit our if you have any questions or comments.
This week on Hull on Estates, David Smith discusses the issue of disclaimer. Specifically, David references a case that illustrates the kinds of difficulties that may arise when siblings try to alter the state of affairs established by a parent who has since become incapable. If you have any questions, then please leave us a comment. You can email us at or visit our blog.
This week on Hull on Estates Natalia Angelini and Moira Visoiu discuss two recent decisions from the Ontario Superior Courts of Justice. Although not estates cases, and include elements that are important for estates planning solicitors. If you have any questions, then please send us an email at or leave us a comment on our blog.
This week on Hull on Estates David Smith and Holly LeValliant discuss creative claims that can be asserted against real property in the estates context. Specifically, they discuss the role for creative counsel to play in developing an argument to assist individuals who are not on the title of a property, but who still have a claim in equity to the property. Please send us an email at if you have any questions. You can also leave us a comment on our .
This week on Hull on Estates, Paul Trudelle and Nadia Harasymowycz discuss representing individuals with mental illness. More specifically, they refer to an article in and reinforce the importance of overcoming personal prejudices, maintaining confidentiality and respecting a client’s instructions. Please send us an email at if you have any questions. You can also leave us a comment on our .
This week on Hull on Estates, Paul Trudelle and Natalia Angelini discuss a decision out of the Ontario Superior Court of Justice that deals with designation of beneficiaries under RRSPs and policies of insurance. The case, , illustrates how the court determines whether a designation of beneficiaries applies in specific circumstances.
If you have any comments, send us and email at or leave a comment on our blog.
This week on Hull on Estates, Paul Trudelle and Saman Jaffery discuss Charitable Giving and Estate Planning. If you have any questions or comments, please send us an email at or visit our blog at
This week on Hull on Estates, David Smith and Holly LeValliant discuss the Summary Judgment Rule decision. More specifically, they discuss the significance of the decision and whether it will expand the use of summary judgment. If you have any comments or questions, please visit our blog or send us an email at .
This week on Hull on Estates, Paul Trudelle and Natalia Angelini discuss dependant support claims and the impact of assets falling under Section 72 of the Succession Law Reform Act. If you have any questions or comments, please send us an email at or leave a comment on our blog.
This week on Hull on Estates, David Smith and Nadia Harasymowycz discuss General Trust Concepts and Issues while giving a brief and general overview. If you have any comments or questions, please send us an email at or leave a comment on our blog.
This week on Hull on Estates, Paul Trudelle and Saman Jaffery discuss a paper presented by Ian Hull and co-authored by Suzana Popovic-Montag at the Estates and Trusts Summit held on November 9, 2011. The topic of their discussion is Terminating Inheritance Rights.
This week on Hull on Estates David Smith and Nadia Harasymowycz discuss the definition of "Child" and its application in the Estates field with a review of the British Columbia cases of Hope v. Raeder Estate and Peri v. McCutcheon.
If you have any questions or comments, leave us a comment on our blog or email us at hull.lawyers@gmail.com For more information on David Smith, click For more information on Nadia Harasymowycz, click
This week on Hull on Estates, Natalia Angelini and Saman Jaffery briefly outline the steps needed when preparing an application to have a guardian of property appointed for an incapable person. If you have any comments or questions, send us an email at or leave a comment on our .
This week on Hull on Estates, David Smith and Nadia Harasymowycz discuss how things aren't always as simple as they appear and explain that complications can arise from the most basic things. Specifically, they touch on the issue of intestate succession.
If you have any comments, send us an email at leave a comment on our blog.
This week on Hull on Estates, David Smith and Natalia Angelini discuss the issue of minor children and dependant support applications. More specifically, they give some basic tips when bringing forward your claim.
This week on Hull on Estates, Paul Trudelle and Saman Jaffery review The Dependant's Support Application: from Notice of Application to Trial - a program held by the Ontario Bar Association on September 27, 2011. More specifically, they review the which outlines the steps to take when advancing a claim against an estate.
This week on Hull on Estates, David Smith and Nadia Harasymowycz discuss Power of Attorney issues and investing in a Power of Attorney. In particular, they discuss what obligations there are for the Power of Attorney for Property to the incapable person, but also to the incapable person's estate.
This week on Hull on Estates, Paul Trudelle and Sharon Davis discuss some recent continuing legal education programs. More specifically they talk about the LSUC Program - Practice Gems: The Administration of Estates 2011: Avoiding the Pitfalls. If you have any comments, send us an email at or leave us a comment on our blog.
This week on Hull on Estates, David Smith and Nadia Harasymowycz continue their discussion from a previous podcast on the obligation of an attorney under a power of attorney for property and personal care. If you have any comments, send us an email at or leave a comment on our blog.
This week on Hull on Estates, Paul Trudelle and Natalia Angelini discuss the recent case . More specifically, they discuss the issue of costs. If you have any comments, send us an email at or leave a comment on our blog.
This week on Hull on Estates, David Smith and Nadia Harasymowycz discuss fiduciary duty and the obligation to pass accounts. Specifically, they comment on the case . If you have any comments, send us an email at or leave a comment on our blog.
When Meeting Your Lawyer For the First Time - What You Both Need to Know... Hull on Estates #258 This week on Hull on Estates, Paul Trudelle and Sharon Davis review what you should expect with your initial client meeting. They also address a variety of questions, such as how to prepare for the meeting and what kind of documents will be required of you, while touching on some common anxieties that occur when meeting with a lawyer for the first time.
This week on Hull on Estates, Natalia Angelini and Nadia Harasymowycz discuss E&O insurance provided by the company ERAssure . More specifically, they address some frequently asked questions about E&O insurance and why it may be a good consideration for council of estate trustees or even estate trustees themselves. If you have any questions or comments, please send us an email at or leave a comment on our blog.
This week on Hull on Estates, Natalia Angelini and Sharon Davis discuss "Speaking to Win - The Art of Effective Speaking for Lawyers", a presentation by Steven Stark. This program was held by the Advocates' Society on June 8, 2011. More specifically, this podcast covers the differences in writing and speaking. If you have any comments, send us an email at or leave a comment on our blog.
This week on Hull on Estates, David Smith and Valerie Yap discuss digital assets and estate planning. More specifically, they discuss what "digital assets" are and how individuals should deal with the death of their digital legacy. If you have any comments or questions, send us an email at or leave a comment on our blog.
This week on Hull on Estates, Paul Trudelle and Nadia Harasymowycz discuss equalization payments and the effects of bankruptcy on equalization payments with particular reference to the the case If you have any questions or comments, send us an email at or leave a comment on our blog.
This week on Hull on Estates, Natalia Angelini and Rick Bickhram discuss the Estate of Joseph Edward Slaven, 2011 ONSC 3929. In this matter, the surviving spouse brings a motion to extend the time period to allow her to file and equalization application pursuant to section 5 of the Family Law Act.
This week on Hull on Estates, David Smith and Nadia Harasymowycz discuss the recent Canadian Donor’s Guide. This publication is an annual directory of fundraising organizations in Canada. If you have any questions or comments, send us an email at or leave a comment on our blog.
This week on Hull on Estates, Paul Trudelle and Rick Bickhram discuss obtaining a return of certificate of appointment with reference to the If you have any comments, please send us an email at or leave a comment on our blog.
This week on Hull on Estates, Craig Vander Zee and Natalia Angelini reflect upon the recent Ontario Bar Association Trusts & Estates Year End Dinner, which was held May 31, 2011 in the Distillery District here in Toronto. If you have any questions or comments, send us an email at or leave a comment on our blog.
This week on Hull on Estates, Natalia Angelini and Rick Bickhram refer to the case . Specifically, they discuss how this case relates to a summary judgment motion in respect of a will challenge. If you have any questions or comments, send us an email at or leave a comment on our blog.
This week on Hull on Estates, David Smith and Nadia Harasymowycz discuss a fairly new investment vehicle that has been set up by the Canadian Government to allow for Canadians with disabilities and their families to save for the future. More specifically, this podcast discusses how one can use this investment fund as an estate planning tool. If you have any comments, send us an email at or leave a comment on our . . .
This week on Hull on Estates, Craig Vander Zee and Sharon Davis discuss the Law Society of Upper Canada's recent program The Six-Minute Estates Lawyer 2011, which was held on April 27, 2011. This annual program featured a series of speakers including Hull & Hull LLP own Suzana Popovic-Montag, Craig Vander Zee and Jordan Atin.
This week on Hull on Estates, Paul Trudelle and Nadia Harasymowycz discuss how an individual can seek an accounting. Specifically, they refer to the case Ekelshot-Kumeli. et al v. Bradley.
This week on Hull on Estates, Natalia Angelini and Sarah Halsted discuss the paper "How to Draft A Will - Minimizing the Risk of Liability to You" by Corina S. Weigl. More specifically, they discuss tips for estate planning such as; how to take instructions, how to draft a will, how to see that it is duly executed and lastly, the importance of reporting to your client once the will has been executed with a final reporting letter.
This week on Hull on Estates Sharon Davis and Natalia Angelini discuss a recent article in Canadian Lawyer Magazine 4 Students "10 Things You Really Need to Know to Practise Law". Specifically, this article discusses "what more you need to know besides the law?" If you have any questions or comments, send us an email at or leave a comment on our blog.
This week on hull on Estates, Paul Trudelle and Sarah Halsted discuss the Estate of W. J. Halliday, 2011. Specifically, they examine how it pertains to the Interpretation of Wills. If you have any questions or comments, send us an email at hull.lawyers@gmail.com or leave a comment on our blog.
This week on Hull on Estates, David M. Smith and Nadia Harasymowycz discuss the removal of an Estate Trustee. Specifically, they refer to the case .
This week on Hull on Estates, Paul Trudelle and Rick Bickhram discuss a recent audio webcast titled "Scanning and Paper Reduction in the Law Office 101." Specifically, they touch on how a law office can make the transition to becoming a paperless office.
This week on Hull on Estates and Succession Planning, Paul Trudelle and Sharon Davis give insight into 10 tips for successful lawyer-client communication.
This week on Hull on Estates and Succession Planning, Natalia Angelini and Nadia Harasymowycz discuss a recent Institute, Brave New World: Building a Thriving Trusts & Estates Practice in the 21st Century, which was held on Thursday February 3, 2011. There were variety of topics at the Institute, including: · Planning for Disabled Beneficiaries: How Recent Legislative Amendments have Changed Estate Planning , Jan Goddard & Associates · The Role of Social Media in Marketing an Estates and Trusts Practice , Hull & Hull LLP , Thornley Fallis Communications · The Impact of Divorce, Remarriage and Common Law Relationships on Estate Planning , Torkin Manes LLP · The Legacy of Hare versus Hare:Limitation Periods and Promissory Notes , Blaney McMurtry LLP · Damages for Mismanaging Trust Investments , Shibley Righton LLP · The Role of Collaborative Law in Resolving Estate Disputes , WeirFoulds LLP · Recent Cost Decisions in Estate Litigation , de Vries Litigation Kimberly A. Whaley, Whaley Estate Litigation , Eisen Graham If you have any comments, send us an email at or leave a comment on our blog.
This week on Hull on Estates, Julia Evans and David Smith discuss how to address and minimize future conflict between a second spouse and children from the previous marriage. If you have any comments, send us an email at or leave a comment on our blog.
This week on Hull on Estates, Natalia Angelini and Rick Bickhram talk about a recent decision where the court awarded dependent support to two dependents of the deceased. For more information on the case discussed during this podcast the citation is .
This week on Hull on Estates, Paul Trudelle and Sharon Davis discuss filial responsibility or parental support. Specifically they talk about Sections 32 of the Family Law Act which discusses the obligation of a child to support a parent.
This week on Hull on Estates, Nadia Harasymowycz and Craig Vander Zee discuss the Hull and Hull LLP breakfast series that was held on January 13, 2010. This breakfast series was accredited by the Law Society for professionalism requirements and continuing professionalism.
This week on Hull on Estates, Nadia Harasymowycz and David Smith discuss the subset of a dependent support claim, which is a claim that is advanced by an estranged spouse. For more information on this topic, please see the article in the December issue of The Probater entitled “When is Dependant’s Support Paid to an Estranged Spouse?” by David Smith.
This week on Hull on Estates, Julia Evans and Craig Vander Zee discuss the upcoming New Year and what one can do in respect to estate plans, such as Wills and power of attorneys.
This week on Hull on Estates, Paul Trudelle and Rick Bickhram discuss a recent case out of the B.C. Supreme Court that applies the mutual Wills doctrine and discusses what Will be needed in order to find a mutual Wills agreement.
This week on Hull on Estates, Nadia Harasymowycz and Natalia Angelini discuss preparing for trial, specifically when doing a Will challenge. If you have any comments, send us an email at or leave a comment on our blog.
This week on Hull on Estates, David Smith and Julia Evans discuss remedies for breach of fiduciary duty by attorneys for property acting on behalf of their incapable grantors.
This week on Hull on Estates and Succession Planning, Craig and Rick discuss upcoming Continuing Legal Education (CLE) programs over the next few months. Specifically, they discuss the upcoming annual on November 17 – 18, 2010.
This week on Hull on Estates, Paul Trudelle and Sharon Davis discuss two articles that discuss service via social media. The two articles they discuss are: · “” by Michael McKiernan. This article can be found in the October 25 edition of the . · “At Your Substituted Electronic Service” by Justice Cheryl Robertson and Alison McEwen. If you have any comments, send us an email at or leave a comment on our blog.
This week on Hull on Estates, David Smith and Julia Evans discuss avoiding negligence claims in a Wills file, an issue that is top of mind for lawyers who draft Wills. Specifically, they chat about the landscape in this area and some things that may create problems.
This week on Hull on Estates, Paul Trudelle and Nadia Harasymowycz discuss the recent quarterly Hull & Hull breakfast seminar. The topics discussed at the seminar include: • Family matters and their relation to estates, specifically separations and divorce. • The effect of handwritten changes on wills. • Suicide notes and the effect they may have on the distribution on an estate
Today on Hull on Estates, Kathryn Pilikington and Craig Vander Zee discuss recent cases dealing with trust law. They also discuss the Trust, Trustees and Trusteeships conference on October 1, 2010 put on by the Ontario Bar Association. Specifically, they discuss the topics that were presented at the conference. These topics are:
The Drafting of Trusts Hilary E. Laidlaw, McCarthy Tétrault LLP (author of paper) M. Elena Hoffstein, Fasken Martineau DuMoulin LLP (presented by) Considerations When Drafting Restricted Charitable Purpose Trusts Terrance S. Carter, Carters Professional Corporation - Orangeville Remedies for Breach of Trust Archie J. Rabinowitz, Fraser Milner Casgrain LLP Drafting Trusts in Contemplation and Consideration of New Reproductive Technology Clare E. Burns, WeirFoulds LLP Trusts and Insolvency Frank Bennett, LSM, Bennett & Company Review and Analysis of Recent Trust Case Law Craig R. Vander Zee, Hull & Hull LLP
If you have any comments, send us an email at hull.lawyers@gmail.com or leave a comment on our blog.
This week on Hull on Estates, David M. Smith and Rick Bickhram discuss a recent decision out of the Superior Court of Justice, as well a high-level overview of the proceedings in passing of accounts.
This week on Hull on Estates, Rick Bickhram and David Smith discuss forensic document examination and how it applies to the rules of evidence.
This week on Hull on Estates, Sharon Davis and Natalia Angelini discuss a recent requirement put into place by The Law Society of Upper Canada. On January 1, 2011 lawyers and paralegals will be required to put in 12 hours of continuing professionalism each year. Specifically, there will be three hours delegated to topics relating to ethics, professionalism and practice management.
This week on Hull on Estates, David and Nadia discuss issues that arise surrounding the designation of beneficiaries under the Insurance Act and how they interact with provisions in testamentary documents. If you have any comments, send us an email at or leave a comment on our blog.
This week on Hull on Estates, Kathryn Pilkington and Paul Trudelle discuss an article written by , with assistance from Anastasija Sumakova, entitled "Mission Impossible: Estate Planning and Assisted Human Reproduction", and the numerous estate planning issues that arise from assisted human reproduction.
This week on Hull on Estates, Suzana Popovic-Montag and Ian Hull discuss how estates are distributed and what the priorities in estate distribution are. If you have any comments, send us an email at or leave a comment on our blog.
This week on Hull on Estates Paul Trudelle and Rick Bickhram discuss the case of out of the British Columbia Court of Appeal. The issues examined are timing, fulfillment of conditions under court orders and how this case is relevant to others in similar situations.
This week on Hull on Estates, David Smith and Rick Bickhram discuss rules 40 through 45 of the rules of Civil Procedures, which deal with the preservation of rights in pending litigation and the nature of these remedies in the estates context. If you have any comments, send us an email at or leave a comment on our blog.
This week on Hull on Estates Chris Graham and Natalia Angelini discuss how to pursue recovery when one thinks that a trustee or fiduciary has absconded with funds. If you have any comments, send us an email at hull.lawyers@gmail.com or leave a comment on our blog.
This week on Hull on Estates, Craig Vander Zee and Nadia Harasymowycz discuss orders giving directions in the context of a will challenge. A will challenge offers an opportunity at the beginning of a case to assemble the evidence and consider how it will be dealt with going forward. Things to consider include: · Is mediation required? · What evidence is known? · What evidence needs to be obtained? · How is that all going to happen? There are also factors to be considered at the beginning such as projected costs and the value of the estate either known to be or thought to be.
This week on Hull on Estates, Natalia Angelini and Rick Bickhram discuss the that recently took place at Osgoode Hall Law School. The three day workshop covered an array of will and estates matters, including questions asked during an initial meeting to gather necessary information to start preparing a will. If you have any comments, send us an email at or leave a comment on our blog.
This week on Hull on Estates, David Smith and Nadia Harasymowycz discuss Observations Pertaining to Estates and Trusts Law.
This week on Hull on Estates Craig Vander Zee and Chris Graham change the pace by recapping the OBA Trust and Estates Section, year end dinner that on June 1, 2010. Held in the distillery district, the evening was a tribute to those who had won awards and an opportunity to pay tribute to the Honourable Justice Cullity. If you have any comments, send us an email at or leave a comment on our blog.
This week on Hull on Estates Paul Trudelle and Nadia Harasymowycz discuss a recent decision out of the Ontario Superior Court of Justice and the Honourable Justice Newbould. This decision deals with the issues of powers of attorney and the role of a solicitor in drafting the power of attorney and the obligations and duties that the solicitor may have due to others. If you have any comments, send us an email at or leave a comments on out blog.
This week on Hull on Estates, Natalia Angelini and Kathryn Pilkington discuss the fairly controversial subject of assisted suicide and how it affects us from an estate standpoint. If you have any comments, send us an email at or leave a comment on our blog.
This week on Hull on Estates, Chris Graham and David Smith revisit the decision of the Supreme Court of Canada and Pecore. This case considered the approach taken by Pecore. The following issues are examined:
Applying the presumption of resulting trusts to various fact scenarios.
Evidence required to rebut the presumption for different classes of asset.
Types of corroboration permissible under the Evidence Act to rebut the presumption.
If you have any comments, send us an email at or leave a comment on our blog. Christopher M.B. Graham – Click here for more information on Chris Graham. David M. Smith – Click here for more information on David Smith.
This week on Hull on Estate Rick Bickhram and Nadia M. Harasymowycz discuss proprietary estoppel, what it is and the three specific elements that are necessary to establish proprietary estoppel. If you have any comments, send us an email at or leave a comment on our blog.
This week on Hull on Estates, Sharon Davis and Craig Vander Zee discuss two rules which arise when a trustee mixes trust funds with personal assets and when a trustee mixes assets from one trust with one or more trusts. These rules are called the rule in Re Hallets’s Estate and the rule in Clayton’s Case. As discussed in the podcast, more information on these rules can be found in “The law of trusts: a Contextual Approach” By Mark R. Gillen and Faye Woodman. If you have any comments, send us an email at or leave a comment on our blog.
This week on Hull on Estates Paul Trudelle and Natalia Angelini discuss their attendance at the Dinner with the Honorable Estates List Judges hosted by the OBA on Tuesday, April 20, 2010. If you have any comments, please email us at or leave us a comment on our blog.
This week on Hull on Estates, Nadia Harasymowycz and Paul Trudelle discuss bequests to minors and how a state trustee can deal with any issues that may arise. If you have any comments, email us at or leave us a comment on our blog.
This week on Hull on Estates, Bianca La Neve and Craig Vander Zee continue their discussion on ways to protect a Trustee from liability, particularly discussing the removal and/or replacement of a Trustee.If you have any comments, please email us at hull.lawyers@gmail.com or leave us a comment on our blog.
This week on Hull on Estates, Bianca La Neve and Craig Vander Zee discuss ways to protect a Trustee from liability. If you have any comments, please email us at hull.lawyers@gmail.com or leave us a comment on our blog.
This week on Hull on Estates, Sharon Davis and Chris Graham discuss recent capacity litigation cases. If you have any comments, please email is at hull.lawyers@gmail or leave us a comment on our blog.
This week on Hull on Estates, Natalia Angelini and Paul Trudelle discuss conflicting applications to apply for an appointment as Estate Trustee without a Will.If you have any comments, please email us at hull.lawyers@gmail.com or leave us a comment on our blog.Natalia R. Angelini - Paul E. Trudelle -
This week on Hull on Estates, Sharon Davis and David Smith discuss sibling rivalry. If you have any comments, please email us at hull.lawyers@gmail.com or leave us a comment on our blog.
This week on Hull on Estates, Ian Hull and Suzana Popovic-Montag discuss Will interpretation.If you have any comments, send us an email at hull.lawyers@gmail.com or leave a comment on our blog.
This week on Hull on Estates, Natalia Angelini and Nadia Harasymowycz discuss when Power of Attorney should be executed.If you have any comments, send us an email at hull.lawyers@gmail.com or leave a comment on our blog.
This week on Hull on Estates, Paul Trudelle and Chris Graham discuss the amendments to civil procedure, effective January 1st, 2010.
If you have any comments, send us an email at hull.lawyers@gmail.com or leave a comment on our blog.
This week on Hull on Estates, Nadia Harasymowycz and Paul Trudelle discuss the costs involved in guardianship applications.
If you have any comments, send us an email at hull.lawyers@gmail.com or leave a comment on our blog.
This week on Hull on Estates, Bianca La Neve and David Smith discuss evidentiary issues particularly the admissibility of business records.
If you have any comments, send us an email at hull.lawyers@gmail.com or leave a comment on our blog.
Bianca V. La Neve - Click here for more information on Bianca La Neve.
David Morgan Smith - Click here for more information on David Smith.
This week on Hull on Estates, Craig Vander Zee and Bianca La Neve discuss New Year's resolutions from a legal perspective and talk about reviewing estate plans.
If you have any comments, send us an email at hull.lawyers@gmail.com or leave a comment on our blog.
Craig R. Vander Zee - Click here for more information on Craig Vander Zee.
Bianca V. La Neve - Click here for more information on Bianca La Neve.
This week on Hull on Estates, Rick Bickhram and Natalia Angelini discuss the estate of Michael Galliford Richardson, specifically in regard to insurance policies.
If you have any comments, send us an email at hull.lawyers@gmail.com or leave a comment on our blog.
This week on Hull on Estates, Megan Connolly and Craig Vander Zee talk about the passing of Rodney Hull, founding partner of Hull & Hull LLP.
If you have any comments, send us an email at hull.lawyers@gmail.com or leave a comment on our blog.
This week on Hull on Estates, Craig Vander Zee and Natalia Angelini discuss property guardian applications.If you have any comments, send us an email at hull.lawyers@gmail.com or leave a comment on our blog.
This week on Hull on Estates, Sharon Davis and Natalia Angelini discuss dueling Power of Attorney based on a paper written by Jordon Atin.
If you have any comments, send us an email at hull.lawyers@gmail.com or leave a comment on our blog
This week on Hull on Estates, David Smith and Nadia Harasymowycz discuss cost decisions and estate litigation.
If you have any comments, send us an email at hull.lawyers@gmail.com or leave a comment on our blog.
This week on Hull on Estates, Ian Hull and Suzana Popovic-Montag discuss negligence in the area of solicitors working with estates and Wills.
If you have any comments, send us an email at hull.lawyers@gmail.com or leave a comment on our blog.
This week on Hull on Estates, Paul Trudelle and Christopher Graham discuss some of the words and terminology commonly used in civil proceedings.
If you have any comments, send us an email at hull.lawyers@gmail.com or leave a comment on our blog.
This week on Hull on Estates, Bianca La Neve and Natalia Angelini discuss a recent application to declare a Beneficiary unworthy on inheriting an estate.
If you have any comments, send us an email at hull.lawyers@gmail.com or leave a comment on our blog.
This week on Hull on Estates, Paul Trudelle and Sarah Fitzpatrick discuss considerations relevant to the testator's selection of an Estate Trustee when preparing a Will.
If you have any comments, send us an email at hull.lawyers@gmail.com or leave a comment on our blog.
This week on Hull on Estates, Ian Hull and Suzana Popovic-Montag follow up a discussion about undue influence that took place at Hull & Hull’s Breakfast Series on Sept. 24th, 2009.
If you have any comments, send us an email at hull.lawyers@gmail.com or leave a comment on our blog.
This week on Hull on Estates, Sharon Davis and Craig Vander Zee discuss contempt motions, specifically in relation to the passing of accounts.
If you have any comments, send us an email at hull.lawyers@gmail.com or leave a comment on our blog.
This week Bianca La Neve and Sarah Fitzpatrick discuss lesser known Will clauses to consider when preparing a Will.
If you have any comments, send us an email at hull.lawyers@gmail.com or leave a comment on our blog.
This week on Hull on Estates, David Smith and Christopher Graham discuss the general principles of asset management for various types of fiduciaries.
If you have any comments, send us an email at hull.lawyers@gmail.com or leave a comment on our blog.
This week on Hull on Estates Paul Trudelle and Sarah Fitzpatrick discuss the Family Law Act and the elections of equalizations under the Act.
If you have any comments, send us an email at hull.lawyers@gmail.com or leave a comment on our blog.
This week on Hull on Estates, Sharon Davis and Jordan Atin talk about the importance of discussing your estate plans with your family before you pass away . They relate this to a recent article that Jordan Atin wrote on Michael Jackson’s Will.
If you have any comments, send us an email at hull.lawyers@gmail.com or leave a comment on our blog.
This week on Hull on Estates, Rick Bickhram and Megan Connolly discuss what types of evidence are admissible throughout the interpretation of a Will.
If you have any comments, send us an email at hull.lawyers@gmail.com or leave a comment on our blog.
This week on Hull on Estates, Ian Hull discusses tax issues, specifically those concerning Canadian clients who are leaving the country.
If you have any comments, send us an email at hull.lawyers@gmail.com or leave a comment on our blog.
This week on Hull on Estates, Diane Vieira and Rick Bickhram discuss a recent decision from Judge Daley regarding unjust enrichment, using the case of Simonin vs. Simonin as a background to explain the issues surrounding unjust enrichment.
Simonin v. Simonin, 2008 CanLII 58155 (ON S.C.)
if you have any comments, send us an email at hull.lawyers@gmail.com or leave a comment on our blog.
This week on Hull on Estates, Diane Vieira and Jonathan Morse discuss capacity assessments, the requirements for assessors under the Substitute Decisions Act, and who assesses capacity under what circumstances.
Simonin v. Simonin, 2008 CanLII 58155 (ON S.C.)
If you have any comments, send us an email at hull.lawyers@gmail.com or leave a comment on our blog.
The Willis Estate Case - Hull on Estates Episode #172This week on Hull on Estates, Bianca La Neve and Rick Bickhram discuss the recent decision of Justice Brown regarding the Willis Estate case and the issues that can arise during contempt proceedings and appropriate sentencing in the field of estate and trust litigation. Re Willis Estate, 2009 CanLII 30681 (Ont.S.C.J.)If you have any comments, send us an email at hull.lawyers@gmail.com or leave a comment on our blog.
This week on Hull on Estate and Succession Planning Jonathan Morse and Chris Graham discuss aspects of mutual wills and the doctrine of mutual wills. They look into some interesting cases related to this topic as well advantages and disadvantages of mutual wills.If you have any comments, send us an email at hull.lawyers@gmail.com or leave a comment on our .
This week on Hull on Estate and Succession Planning Natalia Angelini and Bianca La Neve discuss parties under disability. The look into how they are represented in proceedings and who has the authority to do so.
If you have any comments, send us an email at hullandhull@gmail.com or leave a comment on our .
This week on Hull on Estates Jonathan Morse and David Smith discuss some big stories that have occurred in the news lately that have potential impact on those who practice estate litigation. They take a look at the death of Michael Jackson and the decision made by the courts in regards to the sentencing of Bernard Madoff.If you have any comments, send us an email at hull.lawyers@gmail.com or leave a comment on our .
This week on Hull on Estates Bianca La Neve and Natalia Angelini discuss taking evidence before trial . They talk about the procedure for witnesses who may not be available at trial, which involves preserving their evidence beforehand so it is available prior to the trial. If you have any comments, send us an email at hull.lawyers@gmail.com or leave a comment on our .
This week on Hull on Estates Paul Trudelle and Sharon Davis discuss Knowledge Management; what it is and how it can assist lawyers and clients. If you have any comments, send us an email at hull.lawyers@gmail.com or leave a comment on our .
This week on Hull on Estates Megan Connolly and Craig Vander Zee discuss the topic of the estate trustee during litigation (ETDL). Their discussion is based off a paper Paul Trudelle prepared and spoke about at the Hull and Hull breakfast series on June 4, 2009. They look at the circumstances when you would need an ETDL, the procedure for appointing the ETDL and the powers and duties of the ETDL.
For more information on this topic, see:
Jordan Atin's article, The Estate Trustee During Litigation, in 'Estate Litigation' by Brian A. Schnurr. volume 2. 2nd ed. (Toronto: Thomson Carswell, 2000) If you have any comments, send us an email at hull.lawyers@gmail.com or leave a comment on our .
This week on Hull on Estates, Ian Hull and Suzana Popovic-Montag discuss the recent decision of Re Pearsall.
In this decision, Justice Brown offers clarification on the issue of where applications involving estates may be commenced.
Paul Trudelle has previously written a post about the decision.
If you have any comments, send us an email at hull.lawyers@gmail.com or leave a comment on our .
This week on Hull on Estates, Jonathan Morse and Natalia Angelini discuss trusts; specifically the discuss terminating or varying a trust. They look at an article by Debra Stevens and give their thoughts.
If you have any comments, send us an email at hull.lawyers@gmail.com or leave a comment on our .
This week on Hull on Estates, Paul Trudelle and Sarah Hyndman Fitzpatrick discuss various clauses in a will that may be useful in certain circumstances, such as carrying on a business, exclusion of illegitimates, or RESP's.
If you have any comments, send us an email at hull.lawyers@gmail.com or leave a comment on our .
This week on Hull on Estates Rick Bickhram and Chris Graham discuss some important distinctions between bringing motions and commencing proceedings in the estates context as opposed to general civil litigation. They look at this in the context of applications, motions and statements of claim.
If you have any comments, send us an email at hull.lawyers@gmail.com or leave a comment on our .
This week on Hull on Estates Jonathan Morse interviews Rodney Hull about his career as a lawyer. He discusses how he got started in estate litigation, how Hull and Hull was founded, how the practice of estate litigation has changed and the effect of electronic means of communicating on the practice of law. Feel free to send us an email at hull.lawyers@gmail.com or leave us a comment on the Hull on Estates .
This week on Hull on Estates, Ian Hull and Suzana Popvic-Montag discuss the question of retainers. This topic comes from a seminar at the Law Society of Upper Canada where they had several practitioners in different areas come and talk about their retainers. The question of retainers is a broad question that affects all practices in a similar way. Specifically Ian and Suzana discuss the unique characteristics of the estate retainier and some of the things they use at their firm to help deliniate their jobFeel free to send us an email at hull.lawyers@gmail.com or leave us a comment on the Hull on Estates .
This week on Hull on Estates, Rick Bickhram and Sarah Fitzpatrick discuss Henson trusts (also called absolute discretionary trusts). They consider the use of such trusts to benefit disabled persons, and how best to protect the assets (typically an inheritance) as well as the right to collect government benefits and assistance." Feel free to send us an email at hull.lawyers@gmail.com or leave us a comment on the Hull on Estates .
This week on Hull on Estates, Diane Vieira and Bianca La Neve discuss the role of the Office of the Public Guardian Trustee (PGT) in passings of accounts. They talk about the role of this government body whose job it is to protect the interests of incapable persons, charities and absentees. They discuss the things to keep in mind when serving the PGT and common issues seen on passings of accounts. Feel free to send us an email at hull.lawyers@gmail.com or leave us a comment on the Hull on Estates .
This week on Hull on Estates, Megan Connolly and Paul Trudelle discuss administration bonds; what they are, when they are required, why they are required and dispensing with the administration bond in certain cases. In Particular they refer to the Henderson decision, a recent decision out of the Ontario Superior Court of Justice that deals with the issue of dispensing with an administration bond and what is required. Feel free to send us an email at hull.lawyers@gmail.com or leave us a comment on the Hull on Estates .
This week on Hull on Estates, Jonathan Morse and Sarah Fitzpatrick present and mock client situation in which they discuss the estate needs and will needs for someone with a dependant. They describe the process of finding new clients and go on to describe the process of fulfilling these needs for the client. Feel free to send us an email at hull.lawyers@gmail.com or leave us a comment on the Hull on Estates .
This week on Hull on Estates Diane Vieira and Bianca La Neve discuss some issues they've been encountering concerning court proceeding involving the Substitute Decisions Act and the Health Care Consent Act.They talk about the need for a capacity assessment and who you go to for a capacity assessment, the issue of notice periods and the right of an incapable person in proceedings under the Substitute Decisions Act. Feel free to send us an email at hull.laywers@gmail.com or leave us a comment on the Hull on Estates .
This week on Hull on Estates Ian Hull and Suzana Popovic-Montag discuss the legal and substantive role of the executor at the time of death. They focus on the question of who has right and control over the body and refer to the 2001 decision of Sopinka vs. Sopinka. Feel free to send us an email at hull.laywers@gmail.com or leave us a comment on the Hull on Estates .
This week on Hull on Estates Diane Vieira and Natalia Angelini discuss powers of attorney for personal care. They refer to a paper by Mark Handelman on the subject. They point out that even though powers of attorney often garners less attention and is the subject of less disputes that it should still be carefully thought out. Feel free to send us an email at hull.laywers@gmail.com or leave us a comment on the Hull on Estates .
This week on Hull on Estates Rick Bickhram and Paul Trudelle discuss the amendments to the rules of civil procedure that have be set out by the government and come into effect on January 1, 2010. The purpose of these amendments is to provide the civil justice system with a means of being more affordable and accessible. Feel free to send us an email at hull.laywers@gmail.com or leave us a comment on the Hull on Estates .
This week on Hull on Estates, Craig Vander Zee and Bianca La Neve discuss protection for a trustee against personal liability. There are variety of ways that protection is afforded to a trustee against liability, such as exculpatory clauses in trust documents, various provisions of the Trustee Act, passing of accounts, and releases by beneficiaries and/or third parties. Feel free to send us an email at hull.laywers@gmail.com or leave us a comment on the Hull on Estates
This week on Hull on Estates Ian Hull and Suzana Popovic-Montag discuss insolvency issues and banking issues when dealing with estates now that we are in a more uncertain economy. Feel free to send us an email at hull.lawyers@gmail.com or leave us a comment on the Hull on Estates .
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This week on Hull on Estates Megan Connolly and Paul Trudelle discuss a decision that was released on January 21, 2009 on the Tucker and Tucker estate, involving a will challenge.
The sole issue was whether or not this particular will was valid.
Feel free to send us an email at hull.lawyers@gmail.com or leave us a comment on the Hull on Estates
This week on Hull on Estates David Smith and Sarah Hyndman Fitzpatrick talk about estate planning in uncertain economic times. They discuss how the current economic situation has impacted estate planning and litigation and new tools (such as the "Tax Free Savings Account") to consider in creating your estate plan. Feel free to send us an email at hull.lawyers@gmail.com or leave us a comment on the Hull on Estates
This week on Hull and Estates Jonathan Morse and Christopher Graham discuss the topic of guardianship and particularly the compensation that would be paid to the guardians of property. They look at legislation, case law and practice notes for guardians and practitioners to keep in mind. Feel free to send us an email at hull.lawyers@gmail.com or leave us a comment on the Hull on Estates
This week on Hull on Estates Natalia Angelini and Craig Vander Zee discuss the frivoulous will challenge from the perspective of how you might short-circuit it. Feel free to send us an email at hull.lawyers@gmail.com or leave us a comment on the Hull on Estates
This week on Hull on Estates Ian Hull and Suzana Popovic-Montag look at the decision of Frye vs. Frye, a case that was released in September 2008. It is an important case from a litigation standpoint as well as a state planning standpoint. Their discussion deals with the analysis of what will happen to the family business. Feel free to send us an email at hull.laywers@gmail.com or leave us a comment on the Hull on Estates .
This week on Hull and Estates, David Smith and Rick Bickhram, discuss the case of Warren and Gilbert from the Dec. 26th issue of Ontario Reports. This case is interesting because it touches on procedural and substantive issue relevant to both estates practitioners and family law practitioners.
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Feel free to send us an email at hull.lawyers@gmail.com or leave us a comment on the Hull on Estates blog.
This week on Hull and Estates, Paul Trudelle and Diane Viera, discuss procedural decisions that came out of the Ontario Superior Court of Justice and in particular a few decisions from the honourable Mr. Justice Brown of the estates list in Toronto.
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Feel free to send us an email at hull.lawyers@gmail.com or leave us a comment on the Hull on Estates blog.
This week on Hull and Estates, Christopher Graham and Bianca La Never review the formal requirements to make a valid Will in Ontario and the consequences of failing to adhere to the formal requirement. The relatively recent English decision of Esterhuizen v. Allied Dubar Plc [1998] 2 FLR 668 is discussed. Feel free to send us an email at hull.lawyers@gmail.com or leave us a comment on the Hull on Estates blog.
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This week on Hull on Estates, Rick Bickhram and Natalia Agelini discuss the transition of disabled minors to adulthood and what kind of implications that have. They refer fairly often to a paper called "Planning for Disabled Children, the Transition to Adulthood" by Claire Burns, which was presented at the most recent Trust and Estate Summit. <!-- / Font Definitions / @font-face {font-family:"Cambria Math"; panose-1:2 4 5 3 5 4 6 3 2 4; mso-font-charset:0; mso-generic-font-family:roman; mso-font-pitch:variable; mso-font-signature:-1610611985 1107304683 0 0 159 0;} @font-face {font-family:Calibri; panose-1:2 15 5 2 2 2 4 3 2 4; mso-font-charset:0; mso-generic-font-family:swiss; mso-font-pitch:variable; mso-font-signature:-1610611985 1073750139 0 0 159 0;} / Style Definitions / p.MsoNormal, li.MsoNormal, div.MsoNormal {mso-style-unhide:no; mso-style-qformat:yes; mso-style-parent:""; margin:0in; margin-bottom:.0001pt; mso-pagination:widow-orphan; font-size:11.0pt; font-family:"Calibri","sans-serif"; mso-ascii-font-family:Calibri; mso-ascii-theme-font:minor-latin; mso-fareast-font-family:Calibri; mso-fareast-theme-font:minor-latin; mso-hansi-font-family:Calibri; mso-hansi-theme-font:minor-latin; mso-bidi-font-family:"Times New Roman"; mso-bidi-theme-font:minor-bidi;} span.EmailStyle15 {mso-style-type:personal; mso-style-noshow:yes; mso-style-unhide:no; mso-ansi-font-size:11.0pt; mso-bidi-font-size:11.0pt; font-family:"Calibri","sans-serif"; mso-ascii-font-family:Calibri; mso-ascii-theme-font:minor-latin; mso-fareast-font-family:Calibri; mso-fareast-theme-font:minor-latin; mso-hansi-font-family:Calibri; mso-hansi-theme-font:minor-latin; mso-bidi-font-family:"Times New Roman"; mso-bidi-theme-font:minor-bidi; color:windowtext;} .MsoChpDefault {mso-style-type:export-only; mso-default-props:yes; mso-ascii-font-family:Calibri; mso-ascii-theme-font:minor-latin; mso-fareast-font-family:Calibri; mso-fareast-theme-font:minor-latin; mso-hansi-font-family:Calibri; mso-hansi-theme-font:minor-latin; mso-bidi-font-family:"Times New Roman"; mso-bidi-theme-font:minor-bidi;} @page Section1 {size:8.5in 11.0in; margin:1.0in 1.0in 1.0in 1.0in; mso-header-margin:.5in; mso-footer-margin:.5in; mso-paper-source:0;} div.Section1 {page:Section1;} -->
Feel free to send us an email at hull.lawyers@gmail.com or leave us a comment on the Hull on Estates blog.
This week on Hull on Estates, Ian Hull and Suzana Popovic-Montag talk about how to manage an estate dispute as opposed to preventing it. They use an example of a joint account shared between 'Mom' and 'daughter' to examine the best way to approach posthumous problems and misunderstandings.
Feel free to send us an email at hull.lawyers@gmail.com or leave us a comment on the Hull on Estates blog.
This week on Hull on Estates, Rodney Hull and Jonathan Morse discuss the case of Rose v. Rose [24ETR(3D)217 or 81OR(3D)349]. The case is valuable and instructive as it raises questions about rectification, rescission and removal of the trustees.
Feel free to send us an email at hull.lawyers@gmail.com or leave us a comment on the Hull on Estates blog.
This week on Hull on Estates, Ian Hull and Suzana Popovic-Montag discuss innovative techniques that add value to doing a will and powers of attorney. Specifically, they discuss the concept of ethical wills and how they are different from a traditional will.
Feel free to send us an email at hull.lawyers@gmail.com or leave us a comment on the Hull on Estates blog.
This week on Hull on Estates, Craig Vander Zee and Bianca La Neve talk about offers to settle in the context of a will challenge. The explain the difference between a will challenge and civil litigation and discuss serveral examples of will challenge cases.
Feel free to send us an email at hull.lawyers@gmail.com or leave us a comment on the Hull on Estates blog.
This week on Hull on Estates, Craig Vander Zee and Bianca La Neve talk about offers to settle in the context of a will challenge. The explain the difference between a will challenge and civil litigation and discuss serveral examples of will challenge cases.
Feel free to send us an email at hull.lawyers@gmail.com or leave us a comment on the Hull on Estates blog.
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This week on Hull on Estates, Diane Vieira and Rick Bickhram talk about the Family Law Act and division of property problems. They discuss determining net family property, quantifying the assets of the deceased and making an equalization claim.
Feel free to send us an email at hull.lawyers@gmail.com or leave us a comment on the Hull on Estates blog.
This week on Hull on Estates, David Smith and Natalia Angelini talk about estate issues that arise immediately upon death. Duties include locating the will, making funeral arrangements and being responsible to see the intentions of the testator preserved.
Feel free to send us an email at hull.lawyers@gmail.com or leave us a comment on the Hull on Estates blog.
This week on Hull on Estates, Ian Hull and Suzana Popovic-Montag discuss a recent consultation paper from the Law Commission of Ontario(LCO) titled: The Law as it Affects Older Adults. The LCO has initiated a project to develop a legal frameworkfor the law as it affects older persons and will be essential in addressing the needs and experiences of this group.
Feel free to send us an email at hull.lawyers@gmail.com or leave us a comment on the Hull on Estates blog.
This week on Hull on Estates, Rick Bickhram and David M. Smith discuss the complications that can arise when an incapable person is both the subject of a guardianship order and the beneficiary of a testamentary trust.
Comments? Send us an email at hull.lawyers@gmail.com, call us on the comment line at 206-350-6636, or leave us a comment on the Hull on Estates blog.
This week on Hull on Estates, Paul Trudelle and Natalia Angelini discuss testamentary capacity issues as they arise in estate matters. Wills require the highest level of capacity and testators need to demonstrate that they are of a sound and disposing mind.
Comments? Send us an email at hull.lawyers@gmail.com, call us on the comment line at 206-350-6636, or leave us a comment on the Hull on Estates blog.
This week on Hull on Estates, Christopher Graham and Paul Trudelle discuss the recent decision in the case of Piszczek v. Zurawska that demonstrates the application of a resulting trust of joint accounts. Comments? Send us an email at hull.lawyers@gmail.com, call us on the comment line at 206-350-6636, or leave us a comment on the Hull on Estates blog.
This week on Hull on Estates, David Smith and Jonathan Morse review some of the recent podcasts and hone in on some of the evidentiary requirements of a common-law spousal relationship as it relates to dependant support claims under the Succession Law Reform Act. They look at some recent case law and some of the requirements under the Ontario statute. Comments? Send us an email at hull.lawyers@gmail.com, call us on the comment line at 206-350-6636, or leave us a comment on the Hull on Estates blog.
This week on Hull on Estates, Ian Hull and Suzana Popovic-Montag discuss fiduciary accounting. Who is a fiduciary and what is a fiduciary's duty to account? They cite several cases that illustrate fiduciary accounting rules:
Re Taerk, [1975] O.R. 482 (C.A.).Re Silver Estate, (1999) 31 E.T.R. (2nd) 256.Roger Estate v. Leung, [2001] O.J. No. 2171.Fair v. Campbell Estate, 2002 3 E.T.R. 3rd 67, Langdon J.Fareed v. Wood, 2005 WL 1460361 (Ont. S.C.J.).McAllister Estate v. Hudgin, 2008 CanLII 42213 (ON S.C.) Comments? Send us an email at hull.lawyers@gmail.com, call us on the comment line at 206-350-6636, or leave us a comment on the Hull on Estates blog.
Natalia Angelini and Chris Graham discuss attorneyship issues - specifically solicitor's liability with respect to powers of attorney and an attorney's duty to account.Comments? Send us an email at hull.lawyers@gmail.com, call us on the comment line at 206-350-6636, or leave us a comment on the Hull on Estates blog.
Craig Vander Zee and Bianca La Neve discuss variation of trusts, with an emphasis on the Variation of Trusts Act and approval of variations of trusts on behalf of minor, unascertained, unborn or contingent beneficiaries. The well-known case of R. v. Irving (1975), 11. O.R. (2d) 42 (H.C.) is discussed.Comments? Send us an email at hull.lawyers@gmail.com, call us on the comment line at 206-350-6636, or leave us a comment on the Hull on Estates blog.
This week on Hull on Estates, Diane Vieira and Rick Bickhram discuss the issue of when an estate trustee is responsible to search for potential heirs to an estate.
Comments? Send us an email at hull.lawyers@gmail.com, call us on the comment line at 206-350-6636, or leave us a comment on the Hull on Estates blog.
This week on Hull on Estates, Ian and Suzana bring us up to date on what has been happening at Hull and Hull over the summer. Jordan Atin appeared on Canada AM to talk about how to avoid . They have also added two books to their recommended reading list:
by John Jantsch
by Bob Burg
Ian and Suzana then discuss issues to consider in estate planning for the newly separated spouse. They talk about the two different types of claims that can be made: Equalization and Claim for support.
Comments? Send us an email at hull.lawyers@gmail.com, call us on the comment line at 206-350-6636, or leave us a comment on the Hull on Estates blog.
This week on Hull on Estates, Craig Vander Zee and David Smith discuss conflicts of interest during Passing of Accounts trials and rules of professional conduct.
Comments? Send us an email at , call us on the comment line at 206-350-6636, or leave us a comment on the .
This week on Hull on Estates, Megan Connolly and Sean Graham review the Golubchuk case out of Manitoba and discuss the Health Care Consent Act of Ontario. Comments? Send us an email at , call us on the comment line at 206-350-6636, or leave us a comment on the .
This week on Hull on Estates, Paul Trudelle and Christopher Graham talk about settlement issues - considerations that you have to take into account and the potential implications of not settling.
Comments? Send us an email at , call us on the comment line at 206-350-6636, or leave us a comment on the .
This week on Hull on Estates, Christopher Graham and David Smith talk about The Absentee Act and some of the different scenarios that it applies to.Comments? Send us an email at , call us on the comment line at 206-350-6636, or leave us a comment on the .
This week on Hull on Estates, Ian and Suzana discuss developments in will changes. They reference cases from Key Developments in Estates and Trusts Law in Ontario ed. 2008.
Comments? Send us an email at , call us on the comment line at 206-350-6636, or leave us a comment on the .
This week on Hull on Estates, Natalia Angelini and Rick Bickhram discuss tools and strategies to prevent estate litigation. Comments? Send us an email at hull.lawyers@gmail.com, call us on the comment line at 206-350-6636, or leave us a comment on the Hull on Estates blog.
This week on Hull on Estates, Sean Graham and Rick Bickhram talk about the Declarations of Death Act. They discuss what happens when a person goes missing from a jurisdiction and some possible remedies.
Comments? Send us an email at , call us on the comment line at 206-350-6636, or leave us a comment on the
This week on Hull on Estates, Natalia Angelini and Craig Vander-Zee discuss dependent relief and reference a variety of cases that utilized the Succession Law Reform ActComments? Send us an email at , call us on the comment line at 206-350-6636, or leave us a comment on the
This week on Hull on Estates, Paul Trudelle and Diane Vieira discuss compensation for work done by estate trustees and estate solicitors.Comments? Send us an email at , call us on the comment line at 206-350-6636, or leave us a comment on the
This week on Hull on Estates, Ian Hull and Suzana Popovic-Montag, discuss becoming an executor after death and three issues that must be addressed immediately. Comments? Send us an email at , call us on the comment line at 206-350-6636, or leave us a comment on the
This week on Hull and Estates, Rick Bickhram and David Smith discuss how changes in the definition of marriage have impacted Estate Law and Estate Administration.Comments? Send us an email at , call us on the comment line at 206-350-6636, or leave us a comment on the
This week on Hull on Estates, Diane and Paul discuss accounting under the powers or attorney, the duty to account after the guarantor has passed away and the De Zorzi Estate v. Read case (2008, O.J. No. 944).Comments? Send us an email at , call us on the comment line at 206-350-6636, or leave us a comment on the
This week on Hull on Estates, Paul Trudelle and Megan Connolly talk about the issues surrounding lost wills.
Comments? Send us an email at hull.lawyers@gmail.com or leave us a message on our comment line at 206-350-6636. You can also leave a comment on our blog at estatelaw.hullandhull.com
This week on Hull on Estates, Rick and Sean discuss evidence issues in estate matters when a main party is deceased. They reference "Burns Estate and Mellon"; a 2000 Court of Appeal Case cited in 34 Estates and Trusts Reports, 2nd Edition, p.175.Comments? Send us an email at , call us on the comment line at 206-350-6636, or leave us a comment on the .
This week on Hull on Estates Suzanna and Ian review the pullout in March 18th's New York Times and talk about the importance of dialog before and after death.
Comments? Send us an email at , call us on the comment line at 206-350-6636, or leave us a comment on the .
This week on Hull on Estates, Diane Vieira and Craig Vander Zee talk about how to avoid conflict during the passing of accounts.Comments? Send us an email at hull.lawyers@gmail.com, call us on the comment line at 206-350-6636 or visit our blog at http://estatelaw.hullandhull.com.
This week on Hull on Estates, Diane Vieira and Paul Trudelle discuss dependency and undue influence in the case of Bale vs. Bale. This topic is also discussed by Paul Trudelle in his : http://estatelaw.hullandhull.com/2008/04/articles/topics/estate-trust/dependency-and-undue-influence/
This week on Hull on Estates, Natalia and Chris discuss what Alter Ego Trusts are and the pros and cons of using Alter Ego Trusts.Comments? Send us an email at , call us on the comment line at 206-350-6636, or leave us a comment on the
This week on Hull on Estates, Diane and Craig discuss what to consider when dealing with experts and expert reports in cross examination.Comments? Send us an email at , call us on the comment line at 206-350-6636, or leave us a comment on the .
This week on Hull on Estates, Suzana and Ian discuss sham and secret trusts.Comments? Send us an email at , call us on the comment line at 206-350-6636, or leave us a comment on the
This week on Hull on Estates, David and Sarah discuss issues that cause delay in the granting of probate. Comments?Send us an email at , call us on the comment line on 206-350-6636, or leave us a comment on the
This week on Hull on Estates, Rick and Sean discuss the Midori and Ogilvy case cited in edition 159 of the CCH's periodical Will Power.Comments? Send us an email at , call us on the comment line at 206-350-6636, or leave us a comment on the
This week on Hull on Estates, Paul and Allan discuss the deemed undertaking rule and its application in estate matters.Comments? Send us an email at , call us on the comment line at 206-350-6636, or leave us a comment on the Hull on Estates blog at
In this episode of Hull on Estates, Megan Connolly and Rick Bickhram discuss some interesting legal issues that surround assisted reproductive technology and succession law. Comments? Leave us a message on our comment line at 206-350-6636, send us an email at or you can post a comment on our blog at .
This week on Hull on Estates, Suzana and Ian celebrate the 100th episode of Hull on Estates with the first part of a two episode discussion on a trustee's right to indemnification.Comments? Send us an email at , call us on the comment line at 206-350-6636, or leave us a comment on the
This week on Hull on Estates, Craig and Diane continue the discussion regarding experts in the context of estates. The conversation touches primarily on choosing the expert and considerations for the report. Comments? Send us an email at , call us on the comment line at 206-250-6636, or leave us a comment on the
This week on Hull on Estates, Rick and David discuss accounting procedure under the Substitute Decisions Act and review executor and attorney obligations as well as specific procedures permitting someone to compel an accounting.Comments? Send us an email at , call us on the comment line at 206-350-6636, or leave us a comment on the
This week on Hull on Estates, Chris and Justin discuss the Ontario Civil Justice Reform Project and the steps being taken by Mr. Justice Colter Osbourne and Attorney General Michael Bryant.Comments? Send us an email at , call us on the comment line at 206-350-6636, or leave us a comment on the
This week on Hull on Estates, Natalia and Allan discuss the family conference.Comments? Send us an email at , call us on the comment line at 206-350-6636, or leave us a comment on the
This week on Hull on Estates, Suzana and Ian discuss tips and traps in the drafting of wills.
This week on Hull on Estates, Craig Vander Zee and Sarah Fitzpatrick discuss expert evidence in estate matters. In this episode they outline circumstances when one should use expert evidence, different types of experts, timing of reports, limitations of experts and the court appointed expert.
This week on Hull on Estates, Paul Trudelle and Diane Vieira discuss the case of Karkus v. Cotroneo 2007. The case addresses many of the issues that estate lawyers face on a daily basis, such as: proving or disproving gifts, slander of title and the importance of corroborative evidence.
This week on Hull on Estates, David Smith and Rick Bickhram discuss proprietary estoppel.
This week on Hull on Estates, David Smith and Christopher Graham discuss what to consider as a lawyer seeking an order on consent.
This week on Hull on Estates, Natalia Angelini and Sean Graham discuss issues that surround estate assets.
In this week's episode of Hull on Estates, David Smith and Allan Socken discuss probate issues, including the need for probate, when its avoidance is possible, and new developments relating to probate matters.
In this podcast, Craig Vander Zee and Paul Trudelle discuss trial preparation considerations in the context of a contested passing of accounts.
This week on Hull on Estates, David Smith and Justin deVries discuss the lesser rules (Rules 8-11) of estate litigation.
This week on Hull on Estates Ian Hull, and Suzana Popovic-Montag discuss issues in Elder Law and their attendance at the STEP and Elder Law Conferences in Vancouver.
This week on Hull on Estates, Sean Graham and Natalia Angelini discuss the unfortunate circumstances that usually accompany the process of getting off the record.
This week on Hull on Estates, David Smith and Megan Connolly discuss constructive trust claims made against an estate by a non-married spouse.
This week on Hull on Estates, Craig Vander Zee and Paul Trudelle discuss the issues surrounding trustee appointments and changes.
This week on Hull on Estates, Sean Graham and Justin deVries talk about court order compliance, contempt and enforcement of court orders in general.
In this week's episode of Hull on Estates, Ian Hull and Suzana Popovic-Montag discuss court approvals. They talk about the court approval application process and the global impact of court approvals in every area of law.
In this week's episode of Hull on Estates, Natalia Angelini and Jordan Atin discuss how to deal with assets in the family and how to avoid future conflict.
In this week's episode of Hull on Estates, Megan Connolly and Craig Vander Zee discuss when incentive trusts should be used and some of the pitfalls of using them.
In this episode, Craig Vander Zee and Paul Trudelle discuss various issues relating to the removal of trustees, including the considerations when negotiating the removal of trustees and their replacement. They discuss Craig's recent presentation at an Ontario Bar Association continuing legal education program.
In this episode of Hull on Estates, Justin and Natalia talk about cost awards and charities. The case they refer to is Ukrainian Catholic Episcopal Corporation of Eastern Canada v. Pidwerbecki 2007 CanLII 16645 (ON S.C.)
In this episode of Hull on Estates, Ian and Suzana talk about a few case studies, the topic of substantial gifts to animals, and the community of podcasting.
In this week's episode of Hull on Estates, Sean Graham and Natalia Angelini discuss securing interest in land in litigation.
In this week's episode of Hull on Estates, David Smith and Diane A. Vieira discuss the issues surrounding spousal exclusion from the will of the deceased and how to challenge this exculsion.
In this week's episode of Hull on Estates, Craig and Paul discuss the case of Dickie v Dickie, which deals with the use of contempt orders to enforce orders of payment.
In this episode of Hull on Estates, Ian and Suzana have a discussion dealing with the use of trusts. They use the example of a case where a family put their cottage into a cottage trust, and when the children grew older, the children wanted cottages of their own.
In Episode 70 of Hull on Estates, Paul and Sean discuss Court approval of settlements affecting the interests of minors. They refer to Rule 7.02 and 7.08 of Ontario's Rules of Civil Procedure as well as the case of Marcoccia (Litigation Guardian of) v. Gill, 2007 Carswell,Ont 15 (Ont.S.C.J.).
In this episode of Hull on Estates, Natalia and David have a discussion about partition in sale proceedings, and use the case of Suttick and Schwenger, which deals with a family cottage.
Craig and Bianca discuss demand promissory notes and the recent decision of Hare v. Hare [2007] 83. O.R. (3d) 766. The Hare decision specifically deals with the limitation periods applicable to the enforcement of a demand promissory note. Craig and Bianca also discuss demand promissory notes in the estate context, and the considerations parents should take into account when making demand loans to children.
Justin and Megan discuss estate planning issues surrounding the family cottage. They cover specific practice tips of transferring the family cottage and the consequences of poor planning.
During Hull on Estates Podcast #66, Ian Hull spoke about a conference he attended and spoke at, Podcasters Across Borders, and also discussed joint accounts, focusing on the resources found at concerning joint accounts and their role in estate litigation.
During Hull on Estates Episode #65, Sean Graham and Paul Trudelle discuss some of the practice and legal issues that arise regarding interim support in dependant support claims. Section 64 of the Succession Law Reform Act is referenced, as is the Puliver case and the Manninon case.
During Hull on Estates Episode #64, David Smith and Natalia Angelini discuss holograph wills generally with specific consideration of the
During Hull on Estates Podcast #63, Craig Vander Zee and Bianca La Neve discussed various discretionary measures available to a court when making contempt orders. Rule 60 of the Rules of Civil Procedure was referenced, as well as the decision in Belanger v. McGrade Estate (2003), 65 O.R. (3d) 829 (Ont. S.C.J.).
During Hull on Estates Episode #62, Justin de Vries and Megan Connolly discuss the McDougald Estate c. Gooderham case decision of the Ontario Court of Appeal. They discuss what happens when attorneys for property sell assets that have been specifically gifted in a will. What can a beneficiary do?
During Hull on Estates Episode #61, Ian Hull and Suzana Popovic-Montag discussed the solicitor and client privilege and the difference between this concept and the duty of confidentiality in the context of estate law and estate litigation.
During Hull on Estates Episode #61, Sean Graham and Paul Trudelle discuss mutual wills and mirror wills. They discuss examples where a mutual will and a binding agreement would be used, such as second marriages.
They also cover the importance of documentation of intent and discuss potential drawbacks of the mutual will.
For more information on this topic, see the article by Debra L. Stephens, "Mutual Wills: A Primer", which was presented at , on April 10, 2007.
During Hull on Estates Episode #59, David Smith and Jason Allan discuss two recent decisions of the Supreme Court of Canada, , and . These two decisions concern joint bank accounts and the decision of right of survivorship, as well as the question of presumptions resulting trust and advancement.
During Hull on Estates Podcast #58, Craig Vander Zee and Bianca La Neve discuss the use and basis for a contempt motion and referred to the Court of Appeal's confirmation in Forrest v. Lacroix Estate (2000), 187 D.L.R. (4th) 280, (Ont. C.A.) and Forrest v. Lacroix (1999), 460 O.R. (3d) 364 that contempt motions cannot be used to enforce the payment of monies.
Craig and Bianca also refer to Rule 60.05 and Rule 60.11 from the Rules of Civil Procedure which govern contempt motions.
During Hull on Estates Episode #57, Justin de Vries and Megan Connolly discuss an ongoing client matter which has come out of the Netherlands. This matter raises issues of conflict of laws, the Divorce Act, the Succession Law Reform Act, R.S.O. 1990, c. S.26, and dependant support claims. For more information on the conflict of laws, as it relates to this case, please see: McCallum v. Ryan Estate, [2002] O.J. No. 1088 (SCJ)Re Montizamber Estate, [1973] O.J. No. 1035 (SCJ)Smallman v. Smallman Estate, [1991] O.J. No. 1718 (OJC - Gen. Div.).
During Hull on Estates Episode #56, Ian Hull and Suzana Popovic-Montag review the updates on the website and discuss the available resources such as Hull & Hull TV (streaming videos), the Probator articles, and of course links to the . Ian discusses a book he has recently read, by David Allen. Ian heard about this book on the Marketing Monger podcast. Ian and Suzana's Practice Tip for this podcast helps the process of fiduciary accounting go smoothly.
During Hull on Estates Episode #55, Sean Graham and Paul Trudelle discuss joint and several liability of trustees with respect to the administration of an estate. They focus on avoiding liability when there are two or more estate trustees. Paul and Sean examine this estate topic with respect to the case of Fales v. Canada Permanent Trust Co. and Cooper (No. 2) Re.
During Hull on Estates Podcast #55, David Smith, Partner at Hull & Hull LLP, discusses his upcoming Probator article (check the soon) which concerns making a Will in contemplation of marriage. David discusses the circumstances that surround the clauses in and how this issue can cause estate litigation.
During Hull on Estates Episode #53, Craig Vander Zee and Bianca La Neve conclude their discussion on tips for controlling and managing estate litigation. They focus on the hearing of issues, applications vs. actions, oral discovery and mediation. Visit to find more podcasts on managing estate litigation.
During Hull on Estates Episode #52, Justin de Vries and Megan Connolly discuss the central question in the case of a father and his children, McMullen v. McMullen: did the defendants improperly use their power of attorney when they transferred legal title to Mr. McMullen's, their father, condominium from his sole ownership to joint ownership? Justin and Megan summarize the case and cover issues such as capacity, breach of fiduciary duty and elder abuse.
During Hull on Estates Episode #51, Ian Hull and Suzana Popovic-Montag discuss the circumstances surrounding a trustee's power to encroach on capital. Ian and Suzana cover various principles which affect the power to encroach including the Armchair rule of construction, the Evenhand approach and the concept of malefides. They also touch on various cases including the U.K. case of Gisbourne v. Gisbourne, and Fox v. Fox Estate (1994), 5 E.T.R. (2d) 174 (Ont.Ct. (Gem Div.)) For more information on the power to encroach, see Ian's article in Estates, Trusts & Pensions Journal, "Discretion to Encroach: Do the Beneficiary's Personal Resources Matter?"
During Hull on Estates Episode #50, Sean Graham and Paul Trudelle discuss the rectification of an erroneous Will. Sean and Paul also cover the importance of detailed documentation such as Solicitor's notes and prior Wills, as well as Intestacy and Knowledge and Approval of the Will.
In episode #49, David and Jason discuss issues concerning the estate trustee during litigation (ETDL). They consider the circumstances that call for an ETDL, the technical procedure for appointing the ETDL and the powers and duties of the ETDL. For more information on this topic, see the case of Salisbury v. Dell (1993 Ont. Gen Div) and Jordan Atin's artice, The Estate Trustee During Litigation, in Estate Litigation, volume 2. 2nd ed. (Toronto: Thomson Carswell, 2000) at p.24-1.
During Hull on Estates Episode #48, Craig Vander Zee and Bianca La Neve continue their discussion on tips for controlling and managing estate litigation, focusing on orders giving directions, oral discovery and mediation. Visit to find more podcasts on managing estate litigation.
During Hull on Estates Podcast #47, Justin de Vries and Megan Connolly focus on the case of Rose v. Rose wherein a family breakdown and a transfer of assets into a irrevocable trust leads to litigation.
During Hull on Estates Podcast #46, Ian and Suzana discuss the concept of causation and how it relates to estate matters. Referring to the texts of and , negligence claims, the standard and duty of care and the question of onus are considered. The cases of in the British Columbia Court of Appeal, Sykes v. Midland Bank [1971] 1 Q.B. 113 and Major v. Buchanan (1975), 9 O.R. (2nd) 491 at 514, 61 D.L.R. (3rd) 46 (H.C.)are also examined.
During Hull on Estates Episode #45, Sean Graham and Paul Trudelle discuss the use of contempt procedures in estate matters. They reviewed Rule 60.11 of the Rules of Civil Procedure and focused on the failure of Estate Trustees to produce accounts and the resort to the contempt mechanisms in order to compel their production.
During Hull on Estates Episode #44, Jason Allan and David Smith discuss the duties and obligations of trustees with specific consideration to trustees of discretionary trusts. They discuss various claims available to beneficiaries against a trustee who is alleged to have acted improperly and the defences available to the trustee.
During Episode #43 of Hull on Estates, Craig and Bianca gave an overview of a previous podcast aired on December 12, 2006. They furthered this discussion on managing estate litigation matters, and considered multiple proceedings (ex. dependent support claims), how issues are set out in Orders for Directions, and evidence requirements, including documentary discovery.
During Hull on Estates Episode #42, Justin and Megan discussed the case of Godwin c. Bolcso [1993] O.P.J. No. 297 and Section 32 of the Family Law Act. This case concerns the application by a 58-year-old mother for support from four adult children. The issues covered included the definitions of "reasonable care" and "support", and insight into when support will be ordered for parents.
During Episode #41, Ian and Suzana reviewed the and discussed the extensive and helpful coverage of estate law topics offered by the text.
During Hull on Estates Episode #40, Sean and Paul discussed the importance of wills, naming a Power of Attorney and other elements of succession planning that should be considered in the New Year.
During Hull on Estates Episode 39, Jason Allan and David Smith discussed the considerations that apply when beneficiaries seek to remove the trustee(s) of an estate. They discuss a factual situation involving a trustee who engages in questionable conduct and the various recourses available in an application for the trustee's removal.
During Hull on Estates Podcast #38, we discussed provisions that may be included in Orders Giving Directions.
During Hull on Estates Episode 37 we discussed: - limitation periods and equalization payments in the context of estate litigation; - the case of Webster v. Webster Estate, including: - the facts of the case; - the marriage contract; - the Application to extend the time for the limitation period; - Section 2(8) of the Family Law Act; and - the Courts decision in this matter.
During Hull on Estates Episode 36, we discussed: - mandatory mediation; - the types of matters that have mandatory mediation; - how mediation works in general; - what the general timelines are for proceeding to mediation; and - considerations for selecting a mediator.
During Hull on Estates Episode 35 we discussed the following: - competing beneficiaries who join forces to challenge a Will when they do not have identical interests; - people that need to be served in a Will Challenge; - how to decide if you need your own lawyer or if you should join forces with the same solicitor; - how to deal with the costs of the Will Challenge when dealing with several lawyers.
During Hull on Estates Episode 34, we discussed Security for Costs Motions in the context of Estate Litigation inlcuding the cases of Re Bisyk (1979), 23 O.R. (2d), 600, Moses Estate, Re (2001), 38 E.T.R. (2d) 231 (Manitoba Master) and Boutzios Estate, Re (2004), 5 E.T.R. (3d) 51 (Ont. S.C.J.) and the changing landscape of the law in respect of Security for Costs Motions.
During Hull on Estates Episode 33, we highlighted Hull & Hull LLP's new website including outlining the resources on the website such as Blogs, Podcasts, Video Streaming, The Probator, News and Events, Links and Hull Estate Mediation.
During Hull on Estates Episode 32, we discussed the book by Jordan Atin, Barry Fish and Les Kotzer titled "The Family War Winning the Inheritance Battle" including how to avoid these fights, how to deal with them when you are in them and how to get out of them as quickly and in the best way possible.
During Hull on Estates Episode 31, we discussed contingency fees in the context of estate ligitation including the fact that Ontario is now allowed to have contingency fee agreements, what a contingecy fee is, the risk involved in taking a contingecy fee, how disbursements are handled in a contingency fee agreement, fees and the percentage that is taken and what provisions should be included in a contengency fee ageement to make it binding.
During Hull on Estates Episode 30, we discussed security for costs motions including the concepts involved in security for costs motions and when the Courts will award security for costs motions. We also discussed Rule 57 of the Rules of Civil Procedure in respect to costs and Rule 56 of the Rules of Civil Procedure in respect of security for costs motions.
During Hull on Estates Podcast #29, Ian Hull and Jordan Atin, Senior Associate Counsel at Hull and Hull LLP, spoke with Kate Morgan, President of Podwise Social Media Inc. to discuss the concepts of Social Media and how they are relevant to the growth and success of law firms and small businesses.
During Hull on Estates Episode 28, we discussed solicitor's negligence and the type of claims that can arise in Estate Litigation, prevention of claims and the importance of making an early report of a claim to LawPRO.
During Hull on Estates Episode #27, we continued our discussion on the compensation of an estate trustee, including the pre-taking of compensation and the exclusion in Section 61 of the Trustee Act regarding fixing compensation in the instrument creating the trust.
During Hull on Estates Episode #26, we discussed the compensation of an estate trustee.
During episode #25 of Hull on Estates, we discussed the expansion of social media and its effect on business development. We also discussed the principal concepts found in Chris Anderson's book, . We have blogged extensively about this innovative book, so if you would like more information, please visit our blogpage at .
In Episode #24, we discussed the issue of disclosure of information by trustees to beneficiaries. We referred to the cases of O'Rourke v. Derbyshire, [1920] A.C. 581 (H.L.); Re Ballard Estate (1994), 20 O.R. (3d) 350 (O.C.G.D.); Fox v. Fox Estate (1996), 10 E.T.R. (2d) 229 (Ont. C.A.); and an article by David Steele, "Beneficiary's Right to Know", 4th Annual Estates and Trusts Forum, LSUC.
During Hull on Estates podcast #23, we discussed the tips for and the pitfalls of bringing motions for summary judgement in estate litigation.
During Episode #22 of Hull on Estates, we discussed summary judgment in general and in the context of estate litigation. More specifically, we looked at the cases of Straus v. Bainbridge (1999), 38 E.T.R. (2d) 110 (Ont. Gen. Div.); affirmed 38 E.T.R. (2d) 119 (Ont. C.A.), Ostreich v. Brunnhuber (2001), 38 E.T.R. (2d) 82, Knox v. Trudeau (2001), 38 E.T.R. (2d) 67 and the Ettorre Estate, Re (2004), 11 E.T.R. (3d) 208 (Ont. S.C.J.).
During Hull on Estates Episode #21, we discussed the conditions which can lead to a Will challenge and the steps of the Estate litigation process.
During Hull on Estates Episode 20, we discussed costs awards and estate litigation. We also analyzed the case of Ali v. Fruci, [2006] O.J. No. 1093 (S.C.J.); [2006] O.J. No. 1425 (S.C.J.) and the case of Andersen v. St. Jude Medical, Inc. [2006] O.J. No. 508 (Div. Ct.).
During Hull on Estates Episode 19, we reviewed three themes which have an impact on the decision of costs in the estate: 1) An appropriate level of investigation 2) Protection of sanctity of the process 3) Testator conduct Capacity litigation and the passing of accounts were also reviewed and the case of Ali v. Fruci ([2006] O.J. No. 1093) was introduced.
In Hull on Estates Episode #18, we discussed security for costs in the area of estate litigation, focusing on the role of contingency fees.
During Hull on Estates Episode #17, we discussed the question of costs in Estate Litigation, the British experience regarding costs and the case of Carapeto v. Good, [2002] WTLR 1305, [2002] EWHC 640 (Ch.)
During Hull on Estates Podcast #16, we discussed the case of Harrison v. Fallis, a recent decision of Madam Justice Eberhard dated June 12, 2006.
In Hull on Estates Episode 15, we added some commentary to our last podcast on the Leskun v. Leskun decision, and then examined the recent Alberta Queen's Bench decision in Popke v. Bolt, [2005] A.J. No. 999; Serdahaley Estate (Re), [2005] A.J. No. 16201.
During Hull on Estates Episode #14, we discussed the recent Supreme Court of Canada's decision in Leskun vs. Leskun dealing with spousal support and considered how it might affect the Estates bar.
In Hull on Estates Episode 12, we continued with our discussion of Scott v. Cousins and, in particular, the court's analysis of the Burden of Proof and Undue Influence.
During this episode of Hull on Estates, we talked about the case of Scott v. Cousins (2001), 37 E.T.R. (2d) 113 (Ont. S.C.J.). In particular, we discussed: (i) the admissibility of hearsay statements; (ii) the role of medical evidence regarding capacity; and (iii) the issue and use of retrospective capacity assessments.
Show Notes: In Podcast #10 we finished off knowledge and approval, talked about mistakes in that context, and reviewed undue influence.
During this pod cast on knowledge and approval and mistake, we discussed the following: (i) the general concept of "knowledge and approval" and what amounts to such; (ii) the case of Hastilow v. Stobie; (iii) how to ordinarily establish "knowledge and approval", and what might be needed in special circumstances; (iv) the cases of Crerar v. Crerar, Re Phelan and Fulton v. Andrew; and (v) words appearing in a will by inadvertence.
Show Notes: 1. The general concept of "suspicious circumstances" and what amounts to such circumstances 2. The onus of proof on a propounder of a will and an alleger of undue influence 3. The meaning of the phrases "the true will of the deceased" and the "righteousness of the transaction" 4. The rule in Barry v. Butlin 5. The Supreme Court of Canada's decision in Vout v. Hay
During this pod cast on testamentary capacity, we discussed the following: (i) the requirement of a "disposing memory"; (ii) age-related "incapacities"; (iii) the Re Bohrmann and Fulton v. Andrew decisions; and (iv) the practicalities of determining testamentary capacity.
Episode 6 - Testamentary Capacityage restrictions to keep in mind when drafting a willrequisite mental capacitythe issue of insane delusions
Episode 5 - More on drafting willsconstructive trusts;specific devises and bequests;life insurance;the description of beneficiaries;trusts/life interests;the selection and powers of trustees, including the power to encroach; andademption.
Episode 4 - Legal issues when drafting a willthe international willrevocation by marriagelapseabatement the rule in Saunders v. Vautier
Episode 3 - Will drafting issuesundue influencesuspicious circumstances due executioninternational wills
Episode 2 - Testamentary capacity the solicitor's role the court's role defining testamentary capacityBanks v. GoodfellowLeger v. Poirier