It is not uncommon that a person will add someone else, often times a family member, to their bank accounts as a joint owner or create a new bank account with that person as a joint owner in order to avoid probate fees. This may also be done with other…
Category: Uncategorized
Total 631 Posts
In Care of Yvette Poirier v. Estate of Paul Poirier, 2025 ONSC 0482, the Court considered an application to set aside the conveyance of a home from a mother to her son , on the basis that the mother lacked capacity and was subject to undue influence. In an unusual…
Mohapel v. Young, 2024 ONSC 1332 is a recent case which addresses the issue of will interpretation. The applicant, Iva Mohapel (“Iva”), sought an order that the respondent estate trustee, Doulgas Michael Charles Young (the “ET”), distribute the residue of the estate in four equal shares to her and each…
In its Income Tax Act, Canada has two basic types of registered charity: charitable organizations and foundations. These charity types are often paired to work together in a complementary fashion – ying and yang – to achieve shared purposes. This article is a short primer on the prevalence of this…
*This blog was written by Ruth Paul, student-at-law* In Ontario, the Limitations Act requires a proceeding to be commenced within 2 years of a claim being discoverable. The Act also imposes an ultimate limitation period in which a proceeding must be commenced within 15 years of the date the act…
This blog has been written by Sandra Arsenault, Law Clerk at Fasken LLP. It was necessary for me to obtain personal information from a beneficiary of an estate this week. I needed their full legal name, social insurance number, birthdate, country of residence, and full address. While on the call,…
Just over one year ago, I blogged about Jackson v. Rosenberg, 2023 ONSC 4403, a case that shed light on the relationship between severance of a joint tenancy and the subsequent effect on a gifted right of survivorship. As it turns out, the application judge’s decision was appealed, with the…
Today’s post was written by guest blogger, Melissa Miller, Partner at Howie, Sacks & Henry LLP. Ask anyone whether admission to a nursing home is part of their retirement plan and they will likely say, “I’ll never go to one of those places”, or something worse. As we all know,…
The Law Society of Ontario’s (“LSO”) Guide to Navigating Client Capacity Concerns (last updated August 14, 2024) is instructive of the responsibility of lawyers and paralegals in Ontario to assess for capacity. As explained in the Guide available online: When a lawyer or paralegal meets with a new or existing…
In the recent Ontario Court of Appeal case of Leith v. Leith Estate, 2024 ONCA 863 (CanLII), the Court heard two motions before it. The appellant is the spouse of the deceased. In the lower court the spouse argued that she was entitled to an equalization payment as the deceased…