Objections to Trustee Accounts Must Be Specific

Tuesday, March 18th, 2014

In reasons delivered last week in Michipicoten First Nation v. Michipicoten First Nation Community Trust, Justice Varpio emphasized that objections to trustee accounts must be specific.  If objections are too vague, then the objectors run the risk of having their objections struck.  An added risk of delivering vague objections is ...

Limitation Period Precludes Motion to set Aside Releases

Friday, January 24th, 2014

In the usual litigation battle, a release operates as a “shield” in the sense that if a beneficiary sues an estate trustee, the estate trustee can use the release as a defence.  In Re: Sheard, the estate trustees were able to use signed releases to preclude them from having to ...

What Not To Wear: Court Edition

Monday, December 16th, 2013

Effective November 18, 2013, there are some important procedural changes affecting estate, trust, and capacity matters in Toronto. For some time now, the Toronto court has maintained a separate “Estates List” to hear all matters relating to the administration of trusts and estates and substitute decision making.  As an estates litigator, ...