Archive for the ‘Estate Litigation’ Category

Mandatory Mediation – A Binding Success

Wednesday, October 22nd, 2014

In 1999, a pilot program was implemented in Toronto requiring mandatory mediation for all estates, trusts, and substitute decisions matters.  In 2002, mandatory mediation was expanded to Windsor and Ottawa.  The pilot program was considered a success and mandatory mediation has been enshrined in rule 75.1 of the Rules of ...

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 ...