In the recent decision of Zarrin–Mehr v. Shokrai, 2024 ONSC 6319, the court considered whether the circumstances warranted the appointment of an estate trustee during litigation. Facts Sadollah Zarrinmerh, died on November 15, 2020. He was survived by his wife, Soraya Shokrai, and two children, Mehdi Zarrin-Mehr, his son from…
Rebecca Studin
Rebecca Studin was called to the Bar in 2009. Before joining de VRIES LITIGATION LLP, Rebecca practised estates and commercial litigation at a full-service international law firm in Toronto. Rebecca’s estates experience includes will interpretation applications, will rectification applications, solicitor’s negligence actions, and other estates and trusts matters.
Rebecca obtained her law degree from Osgoode Hall Law School after earning her honours bachelor of arts degree from Glendon College, York University. Following her call to the Bar, Rebecca was selected as a Fox Scholar and spent a year training as a barrister at the Middle Temple, Inns of Court, in London, UK.
More of Rebecca's blogs can be found at https://devrieslitigation.com/author/rstudin/
In Ingram v. Kulynych Estate, 2024 ONCA 678, the Court of Appeal for Ontario considered the appropriate limitation period where two different limitation periods were applicable and apparently in conflict in relation to a claim against an estate. Background Henry Kulynych died in February 2017. In his Will, Mr. Kulynych…
In Sheffield (Estate) v. Sheffield, 2024 ONSC 3627, the Court considered an executor’s authority to sell real property subject to a life interest. Katherine Markolefas and Bradley Sheffield were brother and sister. Katherine and Bradley were the children Gary and Donna Sheffield. Gary owned a residential property in Picton, Ontario….
In Herold Estate v. Curve Lake First Nation, the Court of Appeal for Ontario varied a costs award to provide that an estate trustee be personally liable for costs. In July 2014, the Estate of William Albin Herald (the “Estate”) commenced an application claiming ownership of certain islands in the…
In order for a Will to be valid, the testator must sign in the document in the presence of two witnesses. During the COVID lockdown, numerous jurisdictions, including Ontario, enacted emergency legislation permitting the virtual or video commissioning of Wills. These measures enabled the testator’s signature on the Will to…
In Re James Estate, 2023 ONSC 6432, the Court considered whether a disbarred lawyer could act as the estate trustee of an estate.
In Estate of Harold Franklin Campbell (Re), 2023 ONSC 4315, the Court considered whether the new, curative provision under s.21.1(1) of the Succession Law Reform Act (“SLRA”) was available to revive a Will revoked by a subsequent marriage. Facts: Harold Franklin Campbell died on June 11, 2020. He was survived…
A Will Speaks from Death In VanSickle Estate v. VanSickle, 2022 ONCA 643, the Court of Appeal for Ontario considered the presumption that a Will is to be interpreted as if it had been written immediately prior to the death of the testator. Background Dorothy VanSickle died in 2019 at…
In the Estate of Nordby, 2023 ONSC 821, an executor was committed to prison for contempt of court for breaching a court order to pass accounts. Facts: Jennifer Lynn Nordby died on January 23, 2013. Her Will appointed her father, Harold Nordby, as estate trustee and named her two children,…
In J.N. v. C.G., 2023 ONCA 77, the Court of Appeal for Ontario considered whether information from the internet was admissible in Court and reliable as expert evidence. Facts: The appellant father and respondent mother were married for almost seven years before separating. They had three children. The oldest child lived…