Elaine Yu

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Elaine obtained her law degree from Osgoode Hall Law School. Elaine articled with the Office of the Public Guardian and Trustee and returned as counsel after she was called to the bar in June 2021. Elaine joined de VRIES LITIGATION LLP in June 2022. Elaine has represented clients in a wide range of proceedings including dependant’s relief claims, guardianship applications, trust claims, and other estates and trust issues. Elaine is a member of the Association des jurists d’expression française de l’Ontario and is fluent in French. More of Elaine's blogs can be found at https://devrieslitigation.com/author/eyu/

No Takebacks

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For the average person, the work of an estate trustee can be daunting. Depending on the complexity of the estate, it can be a full-time job unto itself, and it is not uncommon for an estate trustees to renounce their appointment. The case of Chieffallo v. Blair, 2025 ONSC 3411 dealt with an estate trustee who renounced their appointment, then sought to retract their renunciation. Yvone Chieffallo’s Last Will and….

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Estate Administration, Estate Administration and Probate Applications, Executors, Trustee

Contempt Orders, Committal Warrants, and the Limits of a Stay

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*Today’s blog post was written by Iryna Huk, Articling Student at de VRIES LITIGATION LLP The recent Court of Appeal decision in Di Nardo v. Nagy, 2025 ONCA 523 highlights the complexities of contested estate administration and the serious consequences trustees may face when they ignore court orders. Background of the Dispute The case arose out of the administration of the late Mr. Di Nardo’s estate. His daughter, Ms. Di Nardo,….

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But WHY??

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It can be frustrating when, at the end of lengthy, hard fought litigation with an even longer record a court hands down a short decision less than a page long. The parties will scrutinize the decision, reading each line of the judge’s reasons over and over again. After repeating this exercise a few times they may still come away with the question – but why?? From a policy perspective, reasons….

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Appeals, Credibility

Some Good News

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With all going on in the world right now, I figure we could all used some good news. Last week, CBC News published an article about Gerald and Coby Goguen, a couple from New Brunswick, who were able to pass away hand in hand earlier this year. Married for 41 years, Gerald and Coby were both battling cancer in the months leading up to their deaths. Through medical assistance in….

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A long, long time ago…

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Some stuff happened, and now people are fighting about what exactly happened. To find out what happened, evidence is needed. In estate litigation, there are special principles and rules of evidence along with the usual ones to be considered. The recent case of Koutsovasilis v. Carreira, provides a useful summary of some of these. The Facts The case involved a dispute over ownership of a property between a woman by….

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Credibility, Estate Litigation

Ontario’s Rising Problem of Unclaimed Bodies

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There have been a few news articles published in the past year highlighting a growing problem in Ontario – unclaimed bodies. According to a recent Toronto Star article, there were 1,183 unclaimed bodies in Ontario this year. A CBC article reporting on the same issue found that there has been a 170 percent increase in number of unclaimed bodies in Ontario since 2019. The Ontario cities with the highest numbers….

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Funeral Planning, In the News
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