Christopher Cook

In Ontario, a person who seeks to challenge the validity of a will is required to meet a “minimum evidentiary threshold.” This threshold exists to prevent estates from becoming embroiled in years of expensive litigation over the thinnest of allegations. The minimum evidentiary threshold was recently addressed in Cissek v Laszlo, 2025 ONSC 7264 (“Cissek”). In Cissek, the applicant sought to challenge the validity of the last will and testament….

The recent case, Stewart Estate v Stewart, 2025 ONCA 575, provides guidance on the test for a stay pending appeal.  In Stewart, the deceased, William, executed a last will and testament (the “Will”) in 1989.  William died five years later.  He was survived by his wife, Edith, and their 13 children.  The Will gave a life estate to Edith, after which William’s two farms were to be transferred to his….

*This blog was written by Ruth Paul, student-at-law* In Ontario, the Limitations Act requires a proceeding to be commenced within 2 years of a claim being discoverable. The Act also imposes an ultimate limitation period in which a proceeding must be commenced within 15 years of the date the act or omission occurred. The date of discoverability and/or the date the act or omission occurred are important considerations in determining….

*This blog post was written by Ruth Paul, articling student at de VRIES LITIGATION LLP* Testamentary freedom is a guiding principle in Canadian estates law. It operates under the presumption that individuals are free to dispose of their estate however they see fit. However, testamentary freedom is not an absolute right. It is subject to statutory limitations that vary between provinces. In Ontario, these limitations are imposed by the Succession….

In Leith v Eccles, 2024 ONSC 4769, the applicant, Linda, brought a motion to receive an equalization payment from the estate of her late husband, William (the “Estate”). Linda wanted to apply the equalization payment towards the purchase of the matrimonial home she had lived in with William for many years, but which now belonged to the Estate. While Linda was entitled to receive an equalization payment from the Estate,….