Archive for the ‘Estate Litigation’ Category

Who Pays the Legal Costs of a Dependant’s Relief Claim?

Tuesday, October 14th, 2014

My colleague, Diane Vieira, recently blogged about the Divisional Court’s decision in Quinn v. Carrigan.  While she highlighted what the case had to say about the proper approach to determining dependant’s support, the case is also instructive on who should bear the costs of a dependant support application. Prior to McDougald ...

Is there such a thing as a ‘Lucid Interval’ in dementia?

Tuesday, October 7th, 2014

Among other medico-legal concepts,  the ‘lucid interval’ is a long held concept widely accepted in case law as a possible means of countering a challenge to testamentary and related capacities.  In parallel, the clinical phenomenon of cognitive fluctuation has been considered a common element of several neurodegenerative disorders (dementias) including ...

Calculating Dependant’s Support-A View from the Divisional Court

Friday, October 3rd, 2014

The background in Quinn vs Carrigan is well known to estate and family law litigators as the parties have been involved in extensive litigation, including two trials and two appeals.  The first trial and its subsequent appeal, which focused on the issue of who is a “spouse” pursuant to the ...