Creativity Can Kill: Striking Out Pleadings

Friday, January 30th, 2015

A decision of the Ontario Superior Court, Catford v. Catford 2014 ONSC 135 demonstrates the importance of getting pleadings right. In this case, the plaintiff sued his niece for “$670,000 or such other sum as may represent one-third of the Catford family estate”. The facts pled in support of this ...

How to Get Other Pockets to the Table: Adding Parties And Dependant’s Support

Wednesday, September 17th, 2014

Can individuals who may have an obligation to support a person making a dependant's support claim against an estate be added as parties to the support claim? That was the question before the court in Brash v. Zyma. The short answer? Yes. In 2012, Charles Douglas Brash died. At the time ...

You Can’t Have It All: Hybrid Trials, Limited Discovery, and Modest Estates

Thursday, May 8th, 2014

Lorraine Coombs died on April 27, 2012, leaving an estate worth approximately $756,249.00.  Her Last Will and Testament left her house and the residue of her estate to one of her four daughters, Susan Coombs (“Susan”).  Two of her other daughters, Diane Fergueson (“Diane”) and Charlene Coombs (“Charlene”), each ...