Court of Appeal

What Makes You a ‘Child’ in an Estate? A BC Case and the Ontario Contrast

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This blog was written by Jessica J. Butler, Law Clerk at Fasken LLP  A recent British Columbia decision[1] has revisited a deceptively simple question in estate law: what does it mean to be a “child” of a deceased person?[2] The case involved a claim brought by a woman against the estate of the deceased under section 60 of British Columbia’s Wills, Estates and Succession Act (“WESA”). These claims are commonly….

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Dependant Support, Estate Litigation, Family Conflict, Uncategorized

A Tale of Two Versions: The Court of Appeal Invalidates a Will

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My colleague Joanna Lindenberg and I had previously blogged on the case of Bayford v. Boese (the decision and the costs decision, respectively) where the court upheld the validity of a challenged will (the second of two ‘versions’ of the same will). However, in Bayford v. Boese, 2021 ONCA 442 the Court of Appeal has set aside the lower court’s decision and invalided the will. The deceased Bruce Boese had….

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Contested wills, Estate Litigation, Executors, Wills

ETDL Appeal is to the Divisional Court – not the Court of Appeal

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What appellate court is the proper forum for an appeal regarding the payment of an estate trustee during litigation’s fees (an “ETDL”)? In Gefen v. Gaertner, 2019 ONCA 233, the Court of Appeal held it was the Divisional Court and not the Court of Appeal. The Gefen Estate (the “Estate”) was embroiled in litigation. The deceased and others had a beneficial interest in various properties which were legally owned by….

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Estate Administration, Estate Litigation, Trusts, Wills

You can’t gift what you don’t have

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Kindly Arlindo Teixeira took care of his elderly neighbour Mary Markgraf. Mary died shortly after writing a large cheque to Arlindo which could not be cashed due to insufficient funds. In Teixeira v. Markgraf Estate, 2017 ONCA 819, the Court of Appeal upheld the application judge’s ruling that this gift failed for lack of delivery. Arlindo helped Mary for nearly 15 years, with household maintenance, driving her to appointments and….

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Estate Litigation

Court of Appeal Limits Dependant Support Claw Back

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The family law bar must be breathing a sigh of relief after reading the Court of Appeal’s decision in Dagg v. Cameron Estate, 2017 ONCA 366. Both the application judge and the Divisional Court (discussed on this blog, respectively, here and here) held that a life insurance policy taken out pursuant to a separation agreement could be clawed back into the estate for a dependant support claim by the subsequent….

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Estate Litigation

No Second Chance to Replace Estate Trustee

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Has the Court of Appeal written the final chapter in the long-running dispute between Erna and Hilda (two sisters who have been in litigation against each other since 2003)? I previously blogged about the Divisional Court’s ruling on an appeal of a contested passing of accounts regarding Erna’s role as attorney and estate trustee for her parents. Now, the Court of Appeal has dismissed Hilda’s latest appeal. Hilda commenced an action alleging….

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Estate Litigation, Executors
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