All About Estates

Gillian Fournie

Total 65 Posts Website
Gillian is a lawyer with de VRIES LITIGATION LLP. Her practice focuses on the area of trusts and estates litigation. gfournie@devrieslitigation.com

What Happens When One Joint Owner is in Debt?

While the right of survivorship is often thought of as the defining characteristic of joint tenancy, joint tenancy is also defined by “four unities.” Justice Perell succinctly defined the “four unities” in Royal & SunAlliance Insurance Company v Muir, 2011 ONSC 2273: A joint tenancy is distinguished by what are…

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Don’t be Vexed Over Security for Costs of an Appeal

Security for costs is designed to ensure that a defendant to an action or a respondent to an application does not have to incur the expense of a fulsome defence without the possibility of recovering a portion of her costs against the plaintiff/applicant.

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When Will a Court Reconsider Its Decision?

Judges cannot reconsider their decision – once an order is issued, the judge’s job (and jurisdiction to hear further arguments) is done. In very limited cases, a party may ask the court to reconsider after the decision is released but before a formal order is taken out. However, the test to meet is high.

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The Judicial Preference for Non-Intervention in Guardianship Disputes

Guardianship disputes can be stressful and costly. Though each party wishes to do what is in the best interests of their incapable loved one, they struggle to reach an agreement about how to manage the incapable person’s personal care or property. These conflicts often make their way to the courts for resolution. But should they?

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Suspicious Circumstances – For Wills Only

Because the doctrine of suspicious circumstances was developed in respect of probate and wills, it cannot easily be exported into other areas of law, including contract law.

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Can You Sever Joint Tenancy After Death?

Joint tenancy has a lot in common with the TV show Survivor: the goal is to outlast your fellow castaways to win the prize – full ownership of the property. To escape this game show mentality, owners may sever the joint tenancy.

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Estate Trustee Compensation – Discretionary Factors

Estate trustees are entitled to seek compensation for their work. Unless an exception applies, the court will exercise its discretion to determine the amount.

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Life Interest or Licence to Use?

A person’s house is often their most valuable assets – both monetarily and emotionally. As a result, testators tend to put a lot of thought into who, and how, they wish to leave their house. However, as is always the case, best laid plans often go awry. One example of this, explored in the 2022 Court of Appeal of Ontario decision Barsoski Estate v Wesley, is when it is unclear whether the will gifts someone with a life interest in the house or a licence to use the property.

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Evidence of Contempt – More than Hearsay

If alleging contempt, more than hearsay evidence is required.

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Affidavit Evidence – A Refresher

Motions and applications rely on affidavit evidence – written statements sworn under oath. This is in contrast to actions, where evidence is provided by live witnesses who are examined or cross-examined in court (this is what you see on TV dramas). Relying on affidavit evidence translates into less time spent…

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