All About Estates

Tag: Diane Vieira

Total 4 Posts

Estate Trustee Awarded Costs for Unnecessary Passing of Accounts

In a recent court decision, Pochopsky Estate, the court found the Deceased’s four children (the “Beneficiaries”) jointly and severally liable for the estate trustee’s costs related to an application compelling him to pass his accounts.  The Beneficiaries had obtained an order compelling the estate trustee to account. The court ultimately…

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LCO Releases Report on Capacity, Decision-making and Guardianship Laws

Last week, the Law Commission of Ontario (“LCO”) released and presented to the provincial government, their final report reviewing Ontario’s statutory framework for legal capacity, decision-making and guardianship matters. The LCO focused on the relevant capacity provisions found in the Health Care Consent Act, the Substitute Decisions Act (“SDA”), and…

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Court of Appeal Confirms New Approach to Costs in Estate Litigation

In a recent court of appeal decision, the court upheld the trial judge’s costs award and reiterated the deference allotted to trial judges when exercising discretion to fix costs. In Prelorentzos v. Havaris, the court dismissed the appellant’s appeal.  At trial, the appellant was found to be the deceased’s common…

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Legal Advocacy for Canada’s Aging Population

Twenty years from now seniors are expected to account for 25% of Canada’s total population. How will the legal community meet the needs of Canada’s aging population?

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