Archive for the ‘Estate Litigation’ Category
Tuesday, May 21st, 2013
Sometime ago I wrote about the availability of the principal residence exemption to trusts for example a cottage trust under certain circumstances.
Did you know there is a limit to how much land you can include in a principal residence exemption?
Normally an exemption would include land of ...
Posted in Estate Administration, Estate Litigation, Estate Planning, Executors, Investments, Trusts, Wills | No Comments »
Wednesday, May 15th, 2013
In the case of Vincent v. Blake, Cassels & Graydon LLP the defendants brought a motion for summary judgment on the basis they did not owe a duty of care to the plaintiff therefore there was no genuine issue requiring a trial.
This case is quite complicated; however, the basic facts ...
Posted in Estate Administration, Estate Litigation, Estate Planning, Executors, Wills | No Comments »
Monday, May 13th, 2013
In Thomas v. Wales, the plaintiff sought an order vesting title of a property and business (a scrap yard) to him. He claimed both were promised to him by his parents. Relying on Soulos v. Korkontzilas, the plaintiff submitted the court should impose a constructive trust on the property as ...
Posted in Estate Litigation, Family Conflict, Trusts | No Comments »