Rebecca Studin

Total 30 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.

Whose Claim Is It Anyway?

By Rebecca Studin • May 5, 2021 • 0 Comments

In the recent decision of Goldentuler v. Simmons Da Silva LLP, 2021 ONCA 2019, the Court of Appeal for Ontario considered whether an individual had capacity to commence a lawsuit in which the cause of action belonged to an estate. Facts The late Henry Goldentuler (“Henry”) was a lawyer in…

Court of Appeal for Ontario Dismisses Moot Guardianship Appeal

By Rebecca Studin • March 17, 2021 • 1 Comment

In Hernandez v. Hernandez, 2021 ONSC 106, the Court of Appeal for Ontario considered the issue of whether litigation involving the personal care of a person is rendered moot after that person dies. In 2017, Cheri Hernandez commenced an application seeking an order terminating the authority of her brother, Norman…

Can a Suicide Note Be a Will?

By Rebecca Studin • January 27, 2021 • 0 Comments

In McGrath v. Joy, 2020 ONSC 7454, the Court considered whether the contents of a suicide note could be admitted to probate as a holograph Will, and in particular, whether the deceased had the requisite testamentary capacity to make a Will prior to taking his own life. Facts Sadly, Joseph…

A Change of Heart Does Not Create a Resulting Trust

By Rebecca Studin • December 16, 2020 • 0 Comments

In the recent decision of Hertendy v. Gault, 2020 ONSC 7555, the Court considered a mother’s summary judgment motion to set aside the transfer of her property to her daughter for no consideration. Facts: On October 28, 2011, Marian Hertendy appointed her daughter, Beverly Ann Gault, as her attorney for…

To Forgive, or Not to Forgive, What Was the Intention?

By Rebecca Studin • November 4, 2020 • 0 Comments

In Middleton Estate v. Middleton, 2020 ONCA 552 (CanLII), the Court of Appeal for Ontario considered the appeal from a trial judge’s decision concluding that the first of two promissory notes reflected the deceased’s intention that a loan made to her daughter was repayable on the deceased’s death. Facts: Eva…

Beware of the “Zombie” Deed

By Rebecca Studin • August 12, 2020 • 0 Comments

In Thompson v. Elliott Estate, 2020 ONSC 1004 (CANLII), the Court considered the validity and effect of a “zombie” deed signed by a transferor while alive in order to convey an interest in land, but not registered on title until after the transferor’s death. The Facts: Alitha Elizabeth Elliott and…

Court of Appeal Denies Stay of Order to Sell Property In Power of Attorney Dispute

By Rebecca Studin • June 24, 2020 • 0 Comments

In the recent decision of Volk v. Volk, 2020 ONCA 297, the Court of Appeal for Ontario declined the moving parties’ motion for a stay pending appeal of an Order granting the sale of real property alleged to have been purchased by attorneys for property with the funds of the…

Intention Governs the Disposition of RRSP converted to RRIFs

By Rebecca Studin • April 29, 2020 • 0 Comments

In the recent application of Boulos v. Duca, 2020 ONSC 1946, the Court considered the issue of what becomes of a beneficiary designation of an RRSP when the account is converted to a RRIF, and no subsequent beneficiary designation is made. Facts: In the 1980s, Yura Nicola Khagek met a…

Elder Financial Abuse During COVID-19

By Rebecca Studin • April 1, 2020 • 0 Comments

A few weeks ago, I came across a media article about elder financial abuse involving the use of a power of attorney. In my view, this issue has even greater relevance today in light of the current COVID-19 lockdown, and the resulting physical isolation of our vulnerable seniors. The Story…

No Passing of Accounts Unless “Significant Concern”

By Rebecca Studin • February 26, 2020 • 1 Comment

Emerson and Marie Lewis appointed two of their six adult children, Donald and Douglas Lewis, as their attorneys for property. Their remaining four children (the “non-attorney siblings”) commenced an application pursuant to ss. 42(1) and (4) of the Substitute Decisions Act, 1992, S.O. 1992, c.30 (the “SDA”) for leave to…

Rebecca Studin

Whose Claim Is It Anyway?

Court of Appeal for Ontario Dismisses Moot Guardianship Appeal

Can a Suicide Note Be a Will?

A Change of Heart Does Not Create a Resulting Trust

To Forgive, or Not to Forgive, What Was the Intention?

Beware of the “Zombie” Deed

Court of Appeal Denies Stay of Order to Sell Property In Power of Attorney Dispute

Intention Governs the Disposition of RRSP converted to RRIFs

Elder Financial Abuse During COVID-19

No Passing of Accounts Unless “Significant Concern”

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