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…
Christopher Cook
Christopher obtained his Juris Doctor from the University of Toronto Faculty of Law in June 2022. Prior to law school, Christopher completed a Bachelor of Arts degree specializing in philosophy at the University of Toronto, and a Master of Arts degree in philosophy at the University of Western Ontario.
Christopher joined de VRIES LITIGATION LLP in August 2022 as an articling student and remained with the firm after his call to the bar in June 2023.
More of Christopher's blogs can be found at https://devrieslitigation.com/author/ccook/
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…
*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…
In Gomes v Da Silva, 2024 ONCA 792 (“Gomes”), the Ontario Court of Appeal addressed the importance of bringing a claim for the recovery of real property within the ten-year limitation period set out under section 4 of the Real Property Limitations Act, RSO 1990, c L15 (the “RPLA”). Background…
*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…
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…
The recent case of Zapata v Zapata, 2024 ONSC 3677 (CanLII) provides a useful refresher on the doctrine of resulting trust. In Zapata, the applicant sought a declaration that she was entitled to the proceeds of sale of a house in Toronto. The house was previously owned by the applicant…
In Ventura v Ventura, 2022 ONSC 6351 (“Ventura”), the Court dealt with a number of issues relating to the duties and obligations of attorneys for property. In Ventura, “A”, “L”, and “E” were appointed as joint attorneys for property and personal care of their mother, “M”. In 2012, M was…
An estate trustee is responsible for distributing the property of the deceased to those who are beneficially entitled to it (either in accordance with the terms of the relevant testamentary instrument or, where there is no such instrument, in accordance with the rules set out in the relevant legislation). What…
Typically, estate litigation involves guardianship disputes and fights over a deceased person’s property. In rare instances, however, estate litigation crosses over into the unfamiliar domain of personal injury law. A recent example of this crossover can be found in the case of Campeau-Proulx v Bancroft. The facts in Campeau-Proulx v…