All About Estates

Justin de Vries

Total 48 Posts Website
Justin has been consistently named as one of the Best Lawyers in Canada/Trusts & Estates. He is an accomplished litigator who has appeared before all levels of the Ontario Court & the Federal Court of Canada. Justin's areas of expertise include: estate, trust, and capacity litigation, as well as probate applications and estate administration. He regularly speaks on estate, trust and capacity issues. Email: jdevries@devrieslitigation.com

Fraudulently Concealing a Limitation Period

Lawyers are keenly aware of limitation periods. If a lawyer fails to commence a claim on behalf of a client within the limitation period, they will likely face a professional negligence suit (not good). Whether lawyers like them or not, limitation periods play an important role in the civil justice…

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Of Love, Resulting Trusts, Matrimonial Homes and Fenelon Falls

The gratuitous transfer of property from a parent to an adult, capable child may result in a resulting trust.

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Unclaimed Bodies and Setting Things Right

Unhappily, it is not uncommon for family members to be at loggerheads as to who controls the body of a loved one and whether the body should be cremated or buried. I previously blogged on the 2018 case Miller v. Miller, a decision by Justice Myers of the ONSC, which…

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Thoughts on Litigating in a Pandemic

We are now several weeks into self-isolation, physical distancing, and working from home. Litigating is certainly not top of mind for most people. Moreover, the courts are operating under a limited schedule and will continue restricting the number of matters moving forward well into the summer (jury trials, for example,…

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Dueling Love Letters from the Grave

“The Naming of Cats is a difficult matter, It isn’t just one of your holiday games; You may think at first I’m as mad as a hatter When I tell you, a cat must have THREE DIFFERENT NAMES.” T.S. Eliot died in 1965. However, the great American/English poet has been…

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The New Simplified Procedure Rule (Rule 76)

Since it was enacted in 1996, Rule 76 of the Ontario Rules of Civil Procedure has provided for a simplified procedure to streamline claims of relatively modest monetary value. The goal remains to reduce legal costs and speed up the administration of justice. The Government of Ontario made significant changes…

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“Death be not proud, though some have called thee mighty and dreadful, for thou are not so…” – John Donne

It is never easy when a loved one dies. Only adding to one’s grief is the fact that the administrative tasks to deal with a death can be complicated. There is any number of loose-ends to address and specific steps to take to bring finality to a life well-lived.

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Celebrity Estates – Not Immune from the Trials and Tribulations of Estate Planning and Litigation

With TIFF in full swing, celebrity worship is in overdrive. However, celebrities also deal with the mundane and there is often nothing glamorous about their estates. In fact, like the rest of us mere mortals, celebrities do not have a lock on getting things right. So often, there is so…

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The Space Between First and Second Families

Neil Armstrong’s first and second family have competing visions for his legacy and administration of his estate.

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Sealing One’s Fate: The Sherman Murders, Probate and Perseverance

On June 18, 2018, Justice Dunphy made ex parte orders sealing the court files relating to the Sherman Estates. On catching wind of the sealing orders, the Toronto Star, and one of its reporters, Kevin Donovan, brought a motion to terminate the sealing orders. They succeeded on appeal.

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