All About Estates

Joanna Lindenberg

Total 33 Posts
Joanna is an experienced estates, trusts, and capacity litigator at de VRIES LITIGATION LLP. Joanna obtained her law degree from the Shulich School of Law at Dalhousie University after completing a Bachelor of Arts degree at McGill University. Following her call to the Ontario Bar in June 2011, Joanna obtained a Masters of Law at the University of California Los Angeles (UCLA), specializing in international and comparative law. Joanna's current practice focuses on, in part, will challenges, dependant’s support, capacity, and power of attorney disputes.

The Cost of Costs

The matter of the payment of a party’s legal fees at the end of a hard fought court battle can hold up or impact upon settlement. Indeed, oftentimes, the issue of the costs of litigation becomes a subject in and of itself to be argued over in court. Generally, the…

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Costs in Capacity Litigation

The question of who will bear the costs of a proceeding at the end of the day is often hotly debated, but the matter may be more complex in cases where the litigation concerns the guardianship of, or issues relating to, an incapable individual. The court in Fiacco v. Lombardi…

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The SDA and Parens Patriae Jurisdiction

Power of attorney and guardianship disputes are fairly common in the estate litigation world. Oftentimes, siblings proceed to court as a result of allegations of financial abuse or a failure to look after the health and care of an incapable parent, in accordance with what is required of an attorney…

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Gefen Estate v. Gefen

The Ontario Court of Appeal (“ONCA”) decision in Gefen Estate v. Gefen is an interesting read which provides insight into a variety of topics including mutual wills and mutual will agreements, secret trusts, the doctrine of unconscionable procurement, and more! By way of background, Elias and Henia Gefen were married…

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Representation of Incapable Individuals

In disputes relating to the guardianship of an incapable person, the subject of their representation often arises. The appointment of counsel pursuant to section 3 of the Substitute Decisions Act, 1992, S.O. 1992, c. 30 (“section 3 counsel”) is often treated as akin to or even the same as the…

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Keeping the Court Happy :)

The recent case of Lepp v. The Municipality of York, 2022 ONSC 6978 (CanLII) (“Lepp”) is now considered to be a form of required reading for litigants and their counsel. While the facts of the case are not particularly unique, the court’s comments on lawyers’ compliance with the Notice to…

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Passing Estate Accounts – It Will Cost You (One Way or Another)

Generally speaking, the beneficiary of an estate has the right to compel an estate trustee to commence an application to pass the estate accounts, which process is to be carried out in accordance with Rules 74.16-75.18 of the Ontario Rules of Civil Procedure. As with any litigation, the question of…

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RESPs, Trusts, and You

A Registered Education Savings Plan (“RESP”) is a cost-effective way of saving money for a child’s future post-secondary education. The concept of the RESP raises the question of who actually owns the funds therein. Is it the parent who contributes to the RESP (the “subscriber”) or the child for whom…

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The Law of Assent

he recent case of Re Assaly deals with a unique intersection between estates and bankruptcy law and squarely addresses the law of assent. In this case, the estate trustee paid funds in trust to counsel for a bankrupt beneficiary and adult child of the deceased (the “Bankrupt”), on the condition…

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Testamentary Capacity and Expert Reports

As many well know, issues relating to testamentary capacity are often at the forefront of estate litigation cases and in particular, will challenges. Drafting solicitors may opt to obtain a contemporaneous capacity assessment before their clients execute a last will and testament; this may be the case where the testator…

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