Estate litigators are very familiar with unique and interesting fact patterns and it is helpful to be reminded that unusual circumstances may warrant the use of somewhat uncommon remedies. Rule 45 of the Rules of Civil Procedure is one such remedy, which provides for the interim preservation of property and…
Joanna Lindenberg
Claims against solicitors for negligence often arise in the context of estates cases, whether it be the failure of a lawyer to ensure that a testator’s wishes are accurately reflected in his/her will, to neglecting to confirm the testator had the requisite capacity and was not subject to undue influence…
The recent case of Tarantino v. Galvano, 2017 ONSC 3535, raises a variety of issues familiar to estate litigators – powers of attorney, capacity, quantum meruit claims, the duty to account and the rules surrounding the removal of an estate’s executor. In this case the deceased, Rosa Filippo Galvano (“Rosa”) had…
A recent Ontario Court of Appeal (“ONCA”) decision, though not an estate case specifically, is an important read for all litigators and parties who settle their disputes outside of the courtroom. In the case of Biancaniello v. DMCT LLP, 2017 ONCA 386 (CanLII), the parties signed a mutual release to…
The recent Court of Appeal (“ONCA”) decision of Meehan v. Good, 2017 ONCA 103 (“Meehan”), reminds lawyers that the duty of care owed to their clients is extensive, and may operate beyond a limited-scope retainer. In Meehan, the plaintiffs, Michael and Anne Meehan, brought a claim against their lawyer, John…
A recent case of the Ontario Superior Court (Silva et. al v. Silva (Estate of)) demonstrates the wide remedies available to beneficiaries whose interests have been prejudiced by the misconduct of an estate trustee. Jose Lima Silva died without a will on June 24, 2015. He was survived by 5…
Who Needs Tickets?
By Joanna Lindenberg •
October 19, 2016
Who gets the Leaf tickets? This was the question the court had to determine in the recent case of Anspor Construction Ltd. v. Neuberger Estate (Trustee of)[1]. In this case, the court provided a good summary of the requirements to establish a bare trust and a purchase money resulting trust…
Robots are Judging You
By Joanna Lindenberg •
September 13, 2016
The legal test for testamentary capacity is well-established in Ontario. In making a determination of whether or not an individual had the capacity to make a will, the evidence of a certified capacity assessor is often given great deal of weight. However, scientific developments have led to a new type of assessor of a person’s…