This blog has been written by JOSEPH STONEHOUSE, litigation associate at Fasken LLP (Toronto) In a recent decision, Justice Myers of the Superior Court of Justice dismissed claims by beneficiaries under a will against the drafter because those claims were brought more than 15 years after the defendant drafted the will….
In the recent decision of Sabarros v. Morrell, 2025 ONSC 6122 (CanLII), the Court considered whether the dependant support claim by the adult child to whom the deceased never provided support could be dismissed as frivolous, vexatious and an abuse of process. Facts: Karen Sabarros commenced two proceedings against the…
Today’s blog was written by Douglas Buchmayer, partner with the Ottawa office of Gowling WLG (Canada) LLP. Executor compensation can be a challenging and sometimes uncomfortable topic to address with clients when preparing their wills. If the will does not mention compensation, the default rule under section 61 of the…
Recently in the news, you may have read about an older couple in Brantford, Ontario, who were scammed out of more than $ 1 million over 5 months. And another incident in Victoria, where a man was scammed out of his life savings of almost $ 1.7 million over 6…
Today’s blog was written by Jessica Butler, Law Clerk at Fasken LLP. Halloween is all about chills and thrills, but nothing sends a shiver down my spine quite like a botched estate plan. These stories aren’t just for a fright; they’re a reminder that a little planning now can save…
This blog post was written by: Dave Madan, Senior Manager, Scotiatrust Digital assets have become an increasingly common topic in estate planning. What once seemed like a niche hobby has turned into a meaningful part of some clients’ financial picture. From cryptocurrency to NFTs and even online gaming inventories, these…
A recent decision of the Ontario Superior Court serves as a reminder that a moral obligation does not necessarily translate into a legal one. In McNeill v. Phillips, 2025 ONSC 5779, the Court struck a claim that sought to impose a duty of care where none existed in law. The…
November is Make a Will Month, an annual initiative designed to raise awareness about the importance of having a Will. A Will is one of the most critical legal documents you can have, as it ensures that your wishes are respected and your loved ones are provided for after your…
This blog post was written by: Melissa Plunkett, Director, Scotiatrust On Friday, September 26, 2025, when CTV news published their story “Daughter hit with $660,000 tax bill when both parents died in the same year”, I was inundated with texts and DMs from friends and family asking me if this could…
The multi-faceted Rule 7 of the Ontario Rules of Civil Procedure often comes into play in estate litigation. Generally, in estates cases, the Rule may be engaged when there is a settlement impacting a person under disability (i.e. a minor, an absentee within the meaning of the Absentees Act, or…