What Happens to the Residue of a Trust when a Gift Over Fails?

Tuesday, February 17th, 2015

In a recent Ontario case, the Applicant, a beneficiary of a testamentary trust, sought an order declaring that the gift over of the trust was voided for uncertainty.  He also sought an order that the entire trust be paid out to him immediately.  The estate trustee took the position that ...

Testamentary Freedom and Public Policy: Spence v. BMO Trust Co.

Monday, February 9th, 2015

Today’s post is written by guest blogger Adam Parachin, Associate Professor of Law at the University of Western Ontario. In a post last summer I commented on a controversial case, McCorkill v Streed 2014 NBQB 148 (CanLII), in which Justice Grant of the New Brunswick Court of Queen's Bench took the highly ...

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 ...