All About Estates

Jacob Kaufman

Total 45 Posts Website
Jacob Kaufman is a lawyer with de VRIES LITIGATION LLP. Jacob assists clients with will challenges, dependant support claims, guardianship applications, power of attorney disputes and other estate and trust litigation matters. He has appeared before various levels of court, including the Superior Court of Justice and the Court of Appeal for Ontario. Jacob obtained his law degree from the University of Western Ontario (with distinction) after completing an Honours Bachelor of Arts degree from Queen’s University in history (with distinction). He has written articles for the International Law Office, Legal Alert and the OBA’s Deadbeat. Email: jkaufman@devrieslitigation.com

Cats, the T.S. Eliot Estate and the Gift that May Save the Brontes’ House

Earlier this year, my colleague Justin de Vries blogged about the post-mortem release of dueling love letters from T.S. Eliot and his friend/inamorata Emily Hale. However, there is now a happier news story regarding the impact of Mr. Eliot from beyond the grave. The Bronte Parsonage, in England, is a…

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Divisional Court Appeals: Not The Place For New Issues

In Luck v. Hudson, 2020 ONSC 3811 (Div. Ct.), the Divisional Court confirmed that an appeal is not the time to raise new issues and seek directions regarding an estate. In this case, the deceased and his wife owned a house together jointly which then sold (it is not clear…

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COVID-19: Emergency Orders Extended and Courts to (Partially and Potentially) Reopen

Earlier today, the Ontario government extended all its emergency orders (including the order suspending statutory deadlines). de VRIES LITIGATION LLP brings you this special Saturday blog on this matter and other breaking developments on the justice system and COVID-19. As noted in my previous blog, the Ontario government made an…

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Listing in a Time of COVID

Regular court operations and limitation periods/statutory deadlines continue to be suspended in Ontario due to COVID-19 (as discussed further in my previous blog). However, this does not mean that litigation is somehow frozen or that deadlines in previous court orders do not apply. One party learned this painful lesson in…

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COVID-19: Moving Past Quill and Ink to Use New Technology

Due to the COVID-19 pandemic there is a risk that some litigation may stall. There are many skeptics to technological workarounds to conduct matters remotely. However, the perfect cannot be the enemy of the good and we cannot simply pause litigation until the pandemic is over. In Arconti v. Smith,…

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COVID-19: Virtual Witnessing of Wills and POAs Now Allowed

It is no surprise that many people are contemplating their own mortalities during the COVID-19 pandemic and wish to make a will. However, the existing laws are particularly unsuited to making wills in a time of social distancing; it will usually be impossible or unsafe to have two people witness…

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COVID-19: New Practice Directions

Due to the COVID-19 pandemic, the court has issued new practice directions to keep the profession and the public safe.

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COVID-19 update: Limitation Periods Suspended and Working from Home

As I noted in my previous blog on COVID-19, the civil courts (including the estates list) have suspended regular operations. Now that government has made an order under sections 7.01 and 7.1 of the Emergency Management and Civil Protection Act to suspend limitation periods and other statutory deadlines as at…

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COVID-19, the Courts and the One Judge Pilot Project

We must all do our part to help fight the spread of COVID-19, including frequent hand washing and social distancing. As of this Tuesday, the Ontario civil courts (including the estates list) are doing their part by suspending regular operations. In the interim, the court will be hearing urgent and…

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Yet Another Family Cottage Feud

In summertime cottages are the delight of everyone. But that dreamy cottage can turn into an estate litigation nightmare, as one family discovered in Donaldson v. Braybrook, 2020 ONCA 66. Margaret had four children: Wendy, Susan, Thomas and Barry. She allowed them all generous access to her cottage. In fact,…

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