Archive for the ‘Estate Litigation’ Category

Promise to Bequeath and Dependant Support Claims

Monday, September 29th, 2014

In 2012 Justice Tausendfreund found a deceased had made a promise to bequeath his farm and cottage to his grandsons provided they worked on the properties for him which the grandfather did not do. After trial Justice Tausendfreund ordered the properties be conveyed to the grandsons in fulfilment of that ...

‘Hot-Tubbing’: A Cool Approach to Divergent Expert Opinions

Tuesday, September 23rd, 2014

‘Hot-tubbing’ (also known as ‘concurrent evidence’) is a practice that has become popular in Australian courts and has recently been adopted by English courts and only very recently by Canadian courts (Antonia Croake and Louise Mallon, Commercial Litigation Newsletter, October 2013 ; Ruth Corbin, Advocates Journal Spring 2014).  The technique ...

How to Get Other Pockets to the Table: Adding Parties And Dependant’s Support

Wednesday, September 17th, 2014

Can individuals who may have an obligation to support a person making a dependant's support claim against an estate be added as parties to the support claim? That was the question before the court in Brash v. Zyma. The short answer? Yes. In 2012, Charles Douglas Brash died. At the time ...