Archive for the ‘Estate Litigation’ Category

Divisional Court Guidance on “Proper Support”

Thursday, February 26th, 2015

Bonnie and Danny had a 12 year common law relationship. In a modern twist on the typical fact scenario, Bonnie was the older, successful business woman and Danny was the younger man who left his job at Bonnie’s car dealership to look after things at home. At trial, Justice Greer ...

More on ‘Moore v Getahun': Court of Appeal gettin’ it right on communication with experts.

Wednesday, February 18th, 2015

The nature of this issue invites a medical expert perspective to the fine blog of Jasmine Sweatman and Leigh Sands (Feb. 3, 2015) re: appeal of Moore v Getahun (2105 ONCA 55). Common sense has prevailed and the principles governing communication with testifying experts have been reaffirmed (Advocates Society, June ...

What Happens to the Residue of a Trust when a Gift Over Fails?

Tuesday, February 17th, 2015

In a recent Ontario case, the Applicant, a beneficiary of a testamentary trust, sought an order declaring that the gift over of the trust was voided for uncertainty.  He also sought an order that the entire trust be paid out to him immediately.  The estate trustee took the position that ...