Archive for the ‘Estate Litigation’ Category

principal residence exemption and excess land

Tuesday, May 21st, 2013

Sometime ago I wrote about the availability of the principal residence exemption to trusts for example a cottage trust under certain circumstances. Did you know there is a limit to how much land you can include in a principal residence exemption? Normally an exemption would include land of ...

Vincent v. Blake, Cassels & Graydon LLP

Wednesday, May 15th, 2013

In the case of Vincent v. Blake, Cassels & Graydon LLP the defendants brought a motion for summary judgment on the basis they did not owe a duty of care to the plaintiff therefore there was no genuine issue requiring a trial. This case is quite complicated; however, the basic facts ...

Family Relationships and Constructive Trusts

Monday, May 13th, 2013

In Thomas v. Wales, the plaintiff sought an order vesting title of a property and business (a scrap yard) to him.  He claimed both were promised to him by his parents.  Relying on Soulos v. Korkontzilas, the plaintiff submitted the court should impose a constructive trust on the property as ...