All About Estates

Rebecca Studin

Total 8 Posts Website
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.

The Supreme Court of Canada to Review Disclosure of the Sherman Estate Files

The Supreme Court of Canada has granted leave to appeal a decision of the Court of Appeal for Ontario to unseal the files and probate applications in respect of the estates of Barry and Honey Sherman (the “Sherman Estates”). The tragic murders of the wealthy Toronto couple in December 2017…

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Profit Pastor Has His “Bill Clinton” Moment

On August 17, 2018, Justice Fred Myers released his reasons for dismissing a pastor’s request to extend a July 2018 publication ban and order sealing the court file in respect of a paternity lawsuit brought by the pastor against a former congregant and lover who claimed he had fathered her…

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Court of Appeal Weighs In On Alcoholism and Testamentary Capacity

In the recent decision of Dujardin v. Dujardin, 2018 ONCA 597, the Court of Appeal for Ontario considered the validity of wills executed by a testator suffering from chronic alcoholism. Background: Jack and Noel Dujardin (“Jack” and “Noel”) were brothers who jointly owned a farm property that had been in…

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Will Challengers Beware!

In Seguin v. Pearson, 2018 ONCA 355, the Court of Appeal for Ontario dismissed the appeal of Carol-Anne Seguin from the lower court’s dismissal of her action to invalidate the two most recent wills of her late father, Robert Geddes Paterson (the “deceased”), despite the trial judge’s error in applying…

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Once You Give You Can’t Take Back, Even Though You May Regret It

In the recent decision of Johnston v. Song [1], the Ontario Superior Court of Justice considered the consequences of a property’s transfer into joint ownership in advance of a breakdown of a common law relationship. Facts: Johnston and Song began living together in November 2005, when Song moved into a…

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Don’t Make a Proprietary Estoppel You Don’t Intend to Keep

This article was co-authored with Ronald Neal, student-at-law. In its recent decision of Cowper-Smith v. Morgan, 2017 SCC 61, the Supreme Court of Canada expanded the application of the doctrine of proprietary estoppel to find that a person can be bound to fulfill a promise she makes in respect of…

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Curtailing Frivolous Will Challenges

In Seepa v. Seepa, the court called for a “culture shift” away from boiler plate, consent orders for directions, which are routinely granted in will challenges on the Toronto Estates List. Instead, the court will assess the quality of the allegations made by the applicant will challenger to make out “a minimal…

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Death Starts the Clock Ticking on the Limitation Period for Contribution and Indemnity Claims

Conflicting Limitation Periods In Ontario, as in other Canadian jurisdictions, various statutes establish limitation periods within which an injured party can commence a claim against a wrongdoer, including against the estate of a deceased wrongdoer. Under sections 4 and 5 of the Limitations Act, 2002, S.O. 2002, c. 24 ,…

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