All About Estates

Jacob Kaufman

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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

COVID-19 Update: Court Hearings To Be Deferred

I previously blogged about Chief Justice Morawetz’s December 29, 2020 Notice to the Profession that that all non-jury matters shall proceed virtually unless it is absolutely necessary for the matter to be conducted in person. Chief Justice Morawetz now has put forward a new Notice to the Profession dated April…

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An ETDL will continue to act until all appeals exhausted

I previously blogged about the case of Gefen v. Gaertner where the Court of Appeal quashed an appeal regarding an estate trustee during litigation (ETDL) and punted the matter to the Divisional Court. Now this estate has generated another appeal regarding the ETDL – this time properly brought before the…

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COVID-19 Update: No Adjournment of Virtual Trial

I previously blogged about Chief Justice Morawetz’s new Notice to the Profession (effective December 29, 2020) that that all non-jury matters shall proceed virtually unless it is absolutely necessary for the matter to be conducted in person. This Notice to the Profession has now been applied in Flying E. Ranche…

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COVID-19 update: Court must not cross the line to clear up hypothetical limitation period confusion

The government suspended limitation periods between March and September due to COVID-19. The government believed that it had properly done so. Nevertheless, the government asked the court to confirm it had properly done so due to amorphous concerns that had been raised. Justice Myers dismissed this application as it would…

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COVID-19 update: Government Works to Fix Potential Limitation Period Problem

In order to respond to the COVID-19 pandemic, the government suspended limitation periods and other statutory deadlines between March and September. However, due to concerns about the manner in which the suspension was lifted, the government is currently seeking a declaration that the limitation period was, in fact, validly suspended…

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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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