Generally, the validity of a last will and testament can be challenged on the basis of: (i) lack of testamentary capacity; (ii) undue influence; (iii) lack of knowledge and approval of the will; and/or (iv) fraud. While allegations relating to undue influence often go hand-in-hand with claims relating to lack…
Mohapel v. Young, 2024 ONSC 1332 is a recent case which addresses the issue of will interpretation. The applicant, Iva Mohapel (“Iva”), sought an order that the respondent estate trustee, Doulgas Michael Charles Young (the “ET”), distribute the residue of the estate in four equal shares to her and each…
On the de VRIES LITIGATION LLP website, I previously blogged about orders for contempt and the nuances associated with seeking and obtaining this declaratory relief. This blog will take the discussion a step further and look at what penalties may be imposed upon a contemnor; in particular, the discussion will…
Justice David M. Brown recently released a paper entitled, “THE FIVE HABITS OF HIGHLY EFFECTIVE AND ACCESSIBLE CIVIL COURTS: TRANSPARENCY; PERSPICACITY; CREATIVITY; SIMPLICITY; AND ACCOUNTABILITY – Reflections at the end of a judicial career”. The paper summaries the key lessons Justice Brown has learned throughout his career on the Bench….
As many of our readers may know, estate trustees have a duty to account to the beneficiaries of an estate for the property they administer. Beneficiaries are entitled to be kept informed and can reasonably expect transparency and communication from the estate trustee in this regard. Oftentimes, an estate trustee…
The Government of Ontario has a website specifically dedicated to issues concerning and relating to mental capacity (the “Website”). The Website is a place where individuals can learn more regarding mental capacity, how it is evaluated, who evaluates it, and how to appeal a finding of incapacity. Of course, these…
Generally, many of the estate litigation cases we see settle before the hearing of the application or before the matter proceeds to trial. However, quite often, minutes of settlement are not executed at the time an agreement is reached. Indeed, cases are sometimes resolved late in the evening or there…
*This blog was researched and authored by Jonathon Vander Zee, who is an articling student with de VRIES LITIGATION LLP. There are many different kinds of support that can be sought as relief in a legal proceeding, such as child support, spousal support, and dependant’s support. These types of support…
As the holiday season is upon us and the new year approaches, many of us are thinking about time. For those in the litigation world, time, and more specifically, limitation periods, should always be top of mind. This blog serves as a refresher for some of the limitation periods that…
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…