Hull & Hull Debrief – November 28, 2025

On to this week’s episode:

On this week’s episode of the Hull & Hull Debrief:

  • Sumit Malhotra reviews the film “I Care a Lot” and contrasts its portrayal of guardianship with Ontario’s legal safeguards, emphasizing the statutory and judicial protections in place to protect vulnerable individuals. READ NOW
  • Mark Debono examines the circumstances under which a party may be excluded from attending out-of-court examinations in Ontario, highlighting the high evidentiary bar and the court’s reluctance to undermine a party’s inherent right of participation. READ NOW
  • Next, Mark Debono discusses the challenges of removing a guardian for property in Ontario when said guardian cannot be reached. Mark reviews how Rule 16.04 allows for the dispensation of service requirements after reasonable efforts are made. READ NOW
  • Suzana Popovic-Montag analyzes the recent decision on sham trusts in Resendes v Maciel, 2025 ONSC 3263, outlining how expert evidence can be used to assess the validity of a trust and identifying key indicia relating to a trust’s validity. READ NOW

Hull & Hull Debrief is a weekly roundtable discussing the law and updates published by Hull & Hull LLP. Published each Friday, a link to this discussion will be found in the e-mail provided to our subscribers, for a quick and easy update on issues concerning trusts, estates and capacity issues. If you have any questions or comments regarding the Hull & Hull Debrief please contact Doug Higgins, Hull & Hull LLP: dhiggins@hullandhull.com