Salvador Dali, Melting Clocks, Financial Incapacity, and the Removal of an Attorney for Property!

Thursday, April 3rd, 2014

In 1994, Mary McMaster granted a general power of attorney to her two sons, Graeme and Malcolm. She was a wealthy woman and in good health for many years. Malcolm was the de facto manager of Mary’s assets who engaged in various investments schemes to the ultimate detriment of his ...

Summary Judgment – No Longer for the Brave or Foolhardy

Thursday, February 20th, 2014

The recent decision of the Supreme Court of Canada (SCC) in Hryniak heralds a sea change in‎ summary judgment motions in Ontario and will have a profound impact on estate litigation. Many lawyers in Ontario have long groused that the Ontario Court of Appeal (OCA) was overly restrictive in its interpretation ...

What’s My Share?

Wednesday, January 8th, 2014

Gail Evans died intestate on July 30, 1992.  She was survived by her two sons from a first marriage, Richard and Donald, and by her second husband, Carlton.  Carlton was the administrator (i.e. estate trustee) of Gail’s estate.  The parties agreed Carlton was entitled to a preferential share of $75,000 ...