All About Estates

Jonathon Vander Zee

Total 4 Posts
Jonathon Vander Zee is an articling student with de VRIES LITIGATION LLP.

Appealing a Consent Order

When an Order is granted on consent in a proceeding, it is inherent that all of the parties have agreed to the Order, hence the obvious use of the word “consent”. Nevertheless, and however improbable it may seem, it is possible to appeal a Consent Order. The applicant in Behrisch…

Continue Reading

When will the Court Pass Over an Estate Trustee?

In the recent case of Sassano v. Iozzo, 2024 ONSC 1517, the Court reviewed the applicable legal principles regarding passing over an estate trustee, and found that in the circumstances of the case, it was appropriate to pass over one of the named co-estate trustees. In this case, the applicant…

Continue Reading

Section 3 Counsel’s Entitlement to Costs

The Court in Gadula v Leroux, 2016 ONSC 6990 provided quite an interesting discussion regarding the entitlement of costs for all parties involved in a guardianship application and from where the costs were to be taken from. The issue of costs is unsurprisingly common in estate litigation and in litigation…

Continue Reading

Disclosure of Medical Records: Privacy Matters

In Gilbert v. Girouard, 2023 ONSC 4445, a brother and sister brought a challenge to their father’s wills. The siblings alleged that their third sibling, who was named as estate trustee, exerted undue influence over their father. They also alleged that their father lacked testamentary capacity at the time of…

Continue Reading