In Fanelli v. Fanelli-Bruno, 2023 ONSC 6501, Justice Myers provided clear direction on the principle of proportionality in litigation, and the ways in which it can influence a decision on costs. The decision The estate of Ms. Lina Fanelli, the mother of the Applicant and Respondent, was the subject…
In Re James Estate, 2023 ONSC 6432, the Court considered whether a disbarred lawyer could act as the estate trustee of an estate.
Today’s blog was written by Jonathon Vander Zee, student-at-law at de VRIES LITIGATION LLP The original copy of a last will and testament is lost and cannot be found… now what? Losing an original copy of a will does not necessarily mean that it is no longer legally binding or…
A recently released decision, Giann v Giannopoulos, 2023 ONSC 5412, provides clarity on a question that frequently arises in estate litigation: what information is a party entitled to from the deceased’s personal records and documents? This case, heard by Justice Myers of the estate list in mid-September this year was…
The Superior Court of Justice issued a new Consolidated Civil Provincial Practice Direction for all civil proceedings effective as of June 15, 2023. In addition, the Brampton court office has adopted new procedures for civil matters designed to lead to a more effective use of court time and resources.
In a recent will challenge case, the court ruled that the estate trustees during litigation could not access estate funds to pay their legal fees. The testator (“Hans”) and his late wife (“Colleen”) married in 1987. Together, they had 7 children from their previous marriages. In 2005, Hans and Colleen…
In theory, obtaining a judgement should mark the end of litigation. In practice, it can be the beginning of the just as tedious process of collecting on the judgement by way of enforcement proceedings. The plaintiff in the case of Akhavan v Taheri found this out the hard way. On…
In Gilbert v. Girouard, 2023 ONSC 4445, a brother and sister brought a challenge to their father’s wills. The siblings alleged that their third sibling, who was named as estate trustee, exerted undue influence over their father. They also alleged that their father lacked testamentary capacity at the time of…
Today’s blog is written by Latoya Brown, Articling Student at Fasken LLP. The tragic death of soap opera actress of “Another World” Anne Heche, was an unexpected loss for her fans and family. She succumbed to her injuries on August 11, 2022, a week following a car accident that left…
The question of who will bear the costs of a proceeding at the end of the day is often hotly debated, but the matter may be more complex in cases where the litigation concerns the guardianship of, or issues relating to, an incapable individual. The court in Fiacco v. Lombardi…
