All About Estates

Tag: Divisional Court

Total 5 Posts

An ETDL will continue to act until all appeals exhausted

I previously blogged about the case of Gefen v. Gaertner where the Court of Appeal quashed an appeal regarding an estate trustee during litigation (ETDL) and punted the matter to the Divisional Court. Now this estate has generated another appeal regarding the ETDL – this time properly brought before the…

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Divisional Court Appeals: Not The Place For New Issues

In Luck v. Hudson, 2020 ONSC 3811 (Div. Ct.), the Divisional Court confirmed that an appeal is not the time to raise new issues and seek directions regarding an estate. In this case, the deceased and his wife owned a house together jointly which then sold (it is not clear…

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Divisional Court Sets Aside Decision Ordering a Passing of Accounts

In Foisey v. Green, the Divisional Court allowed an appeal of the application judge’s decision that set aside a release signed by a beneficiary who was later deemed incapable of managing property. I previously wrote about the earlier  decision that was under appeal. The appellant, Ms. Green, was an estate…

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

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”)…

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Summary judgment motions will only become more popular and those practicing estate litigation will have to familiarize themselves with the new procedural norms.

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