All About Estates

Gillian Fournie

Total 69 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

Right of Survivorship or Severance of a Joint Tenancy… Which One Prevails?

Today’s blog was written by Jonathon Vander Zee, student-at-law at de VRIES LITIGATION LLP What happens when the right of survivorship in a property is gifted, but the donor then severs the joint tenancy of that same property? This was exactly the case in Jackson v. Rosenberg, 2023 ONSC 4403….

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Brampton’s Civil Court Procedure – An Update

The Superior Court of Justice issued a new Consolidated Civil Provincial Practice Direction for all civil proceedings effective as of June 15, 2023. In addition, the Brampton court office has adopted new procedures for civil matters designed to lead to a more effective use of court time and resources.

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Declaratory Relief – Not Always Available

Declaratory Relief Defined It is well understood that a court can order a party to do something or order a party to refrain from doing something. Another power of the court is its ability to make declarations. The Court of Appeal for Ontario defined a declaratory judgment in Bryton Capital…

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When Families Collide with Constructive Trusts

Families often fall into patterns and routines; they are comfortable, stable, and predictable. They can also give rise to legal rights over land. The extent and enforceability of those rights is often put to the test following death or divorce. Such was the case in Tomek v Zabukovec, 2020 ONSC…

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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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