Ontario Court of Appeal Considers When is a Gift Not a Gift

Monday, August 29th, 2011

Today's blog is written by Angela Casey, a lawyer at de VRIES LITIGATION In a decision released at the end of July, the Ontario Court of Appeal reviewed the constituent elements of a legally valid gift. The issue on appeal in McNamee v. McNamee was whether 500 common shares in the family ...

Court of Appeal delivers pyrrhic victory on costs to appellant in Smith Estate; otherwise dismisses appeal

Friday, July 15th, 2011

Today's blog was written by Angela Casey, a lawyer at de VRIES LITIGATION Last week, the Court of Appeal delivered its judgment in Smith v. Rotstein.  The decision appealed from was a summary judgment under former Rule 20 dismissing Ms. Rotstein’s will challenge. What made the case unique was that in addition to ...