Archive for the ‘Estate Litigation’ Category

Big Gifts Can Lead to Big Problems

Friday, July 3rd, 2015

Attorneys for property be warned – if you make large payments to yourself from the incapable person’s property, be prepared to justify and account for those gifts.  Failure to do so may result in lengthy litigation. Such was the case in The Bank of Nova Scotia Trust Company v James.  Mr. ...

Caught by Unintended Consequences

Friday, June 26th, 2015

Last week we spoke about domestic contracts and will drafting. This week we shift to situations of incapacity – where the spouse with the support obligations becomes incapable.  As we know, once an individual becomes incapable of managing their own property, his or her attorney or guardian of property will ...

The Sorry State of Civil Trials in Ontario

Tuesday, June 23rd, 2015

The length and cost of civil trials is an ongoing and significant problem in Ontario. Chief Justice Strathy of the Court of Appeal has warned: “Our justice system has become so cumbersome and expensive that it is inaccessible to many of our own citizens.” Access to justice is an issue ...