All About Estates

Joanna Lindenberg

Total 20 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.

No Costs For You!

The recent case of Donovan v. MacKenzie, 2021 ONSC 1865 (CanLII) demonstrates the wide and sometimes unpredictable nature of a judge’s discretion when it comes to costs. In this guardianship dispute, the applicant sister (“Jacqueline”) and the respondent brother (“Kieran”) were embroiled in litigation relating to their father, John Kenneth…

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The Role of the PGT – When, Why and How?

While estate lawyers are often presented with files that impact upon the rights of an incapable person, it is important to understand when, why and how the Public Guardian and Trustee (the “PGT”) becomes involved with such disputes. As noted on its website, and in general, the PGT acts as…

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Where There’s a Will, There’s a Way

Can a suicide note be a valid holograph will? Maybe, and it depends upon where you live. The Ontario case of McGrath v. Joy, which decision was released at the end of 2020, dealt with whether a suicide note was a valid holograph will. My colleague, Rebecca Studin, recently blogged…

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Big New Rules for Small Estates

The law in Canada is not static – it evolves and changes to meet our society’s needs through incremental changes to the common law (i.e. the application and interpretation of the law through the courts) and through legislative changes. One recent change to Ontario’s laws was made through the Smarter…

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One Will, Two Versions

Bayford v. Boese is an interesting case which serves as a reminder of the statutory requirements for due execution of a will. It also provides a thorough analysis of how judges dissect a witness’ evidence and generally determine who to ultimately believe at trial. Bruce Boese (the “Deceased”) was the…

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Fraudulent Conveyances and Your Estate

It is well known that Ontario testators enjoy the freedom to distribute their estates as they wish (provided their statutory obligations are met); however, the recent case of RBC v. Scarborough, 2019 ONSC 3369, reminds readers to be cognizant of the impact of debts and liabilities upon those who may…

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Probate and the Humans Rights Tribunal of Ontario

On June 29, 2019, the Human Rights Tribunal of Ontario (the “HRTO”) released an interim decision which impacts upon estate trustees and which calls for some friendly scrutiny from estate solicitors and litigators. My colleague, Jacob Kaufman, blogged about a previous and related HRTO 2017 case which required that a certificate of…

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Digital Will Vault

NoticeConnect, which is a one stop shop for estates to advertise for creditors and provide solutions for those seeking to collect from estates has recently added a new element – an online Canada Will Registry. The Canada Will Registry went live in early June 2019. On the “Digital Will Vault”,…

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Solicitor’s Negligence – A Follow Up

I have previously blogged about solicitor’s negligence and the current state of the law with respect to, in part, determining lawyers’ liability and the applicable standard of care. As a follow-up, below is a brief list of some best practice tips to keep in mind: Communicate – keep the client…

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Understanding the Role of Section 3 Counsel

The recent case of Sylvester v. Britton, 2018 ONSC 6620 (“Sylvester”) provides an excellent review of the law regarding incapacity, attorneys for property and personal care, capacity assessments, and other issues which often arise in estate/capacity litigation cases. While the decision addresses many interesting points, this blog will focus upon…

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