All About Estates

Category: Appeals

Total 9 Posts

Will Challenges and Limitation Periods: Court of Appeal Weighs In

The question of whether will challenges fall under the standard two-year limitation period has long been a topic of consideration in lower courts[1]. Does the limitation clock start ticking at the date of death, upon discovering the existence of another will, or when there is knowledge of both the existence and content of another will? The Court of Appeal has finally spoken on the issue … well, sort of.

Continue Reading

Capacity Evaluation – the Role of Corroborative Information at CCB Hearings

In my last blog, I described the Court’s expectation for confirming a finding of incapacity: namely, that compelling evidence is required to override the presumption of capacity. Such evidence may include corroborative information. However, the Court has warned assessors to be alive to the presence of improper motives of informants…

Continue Reading

Declaratory Relief – Not Always Available

Declaratory Relief Defined It is well understood that a court can order a party to do something or order a party to refrain from doing something. Another power of the court is its ability to make declarations. The Court of Appeal for Ontario defined a declaratory judgment in Bryton Capital…

Continue Reading

The Will Speaks from Death

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…

Continue Reading

The Deceased’s Knowledge of Parentage is a Factor in Dependant’s Relief Claims

Many of us know that a court can make an order for the adequate and proper support of a deceased’s dependants where the deceased has not done so. Part V of the Succession Law Reform Act, RRO 1190, c. S. 26 (“SLRA”) identifies the persons who could be considered a…

Continue Reading

Gefen Estate v. Gefen

The Ontario Court of Appeal (“ONCA”) decision in Gefen Estate v. Gefen is an interesting read which provides insight into a variety of topics including mutual wills and mutual will agreements, secret trusts, the doctrine of unconscionable procurement, and more! By way of background, Elias and Henia Gefen were married…

Continue Reading

What Happens When One Joint Owner is in Debt?

While the right of survivorship is often thought of as the defining characteristic of joint tenancy, joint tenancy is also defined by “four unities.” Justice Perell succinctly defined the “four unities” in Royal & SunAlliance Insurance Company v Muir, 2011 ONSC 2273: A joint tenancy is distinguished by what are…

Continue Reading

Don’t be Vexed Over Security for Costs of an Appeal

Security for costs is designed to ensure that a defendant to an action or a respondent to an application does not have to incur the expense of a fulsome defence without the possibility of recovering a portion of her costs against the plaintiff/applicant.

Continue Reading

When Will a Court Reconsider Its Decision?

Judges cannot reconsider their decision – once an order is issued, the judge’s job (and jurisdiction to hear further arguments) is done. In very limited cases, a party may ask the court to reconsider after the decision is released but before a formal order is taken out. However, the test to meet is high.

Continue Reading