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05 Oct

Hull on Estates #623 – Unjust Enrichment and Constructive Trusts in the Commercial Context

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This week on Hull on Estates, Jonathon Kappy and Nick Esterbauer discuss the decision of Ryan v Ryan, 2021 NLSC 119, in which the basic principles behind unjust enrichment were applied to impress corporate shares with a constructive trust.

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21 Sep

Hull on Estates #622 – To Be a Trustee or Not to Be?

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On today’s podcast, Paul Trudelle and Juanita Valencia discuss the issue of when a person receiving funds becomes a trustee, as analyzed in Green Light Solutions Corp. v Baker 2021 BCCA 287.

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07 Sep

Hull on Estates #621 – What is a Limited Grant and when should you Consider Using it?

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On today’s podcast, Stuart Clark and Rebecca Rauws discuss the limited grant under s. 29(3) of the Estates Act as a tool to consider when probate may be delayed, but there is an urgent need to deal with an estate asset. For more information, please check out Stuart’s recent blog on this topic here.

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24 Aug

Hull on Estates #620 – Can the Court Cure an Unexecuted Will?

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In today’s podcast, Natalia Angelini and Arielle Di Iulio discuss the recent decision of Bishop Estate v Sheardown2021 BCSC 1571 which involves the Court’s discretion to validate an unexecuted Will under s.58 of British Columbia’s Wills, Estates and Succession Act, S.B.C. 2009, c. 13. For more information on this topic, you can also check out Sanaya Mistry’s recent blog.

Should you have any questions, please email us at info@hullandhull.com or leave a comment on our blog.

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10 Aug

Hull on Estates #619 – A Discussion on the Admissibility of Recordings

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In today’s podcast, Doreen So and Sanaya Mistry discuss the recent decision in Rudin-Brown et al. v. Brown and Brown v. Rudin-Brown et al., 2021 ONSC 336, which examines the admissibility of audio recordings and how they may be used as evidence.

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27 Jul

Hull on Estates #618 – Notwithstanding any agreement to the contrary: Can you contract out of Dependant Support Obligations?

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In today’s podcast, Jonathon Kappy and Sydney Osmar discuss the recent decision Virey v. Virey, 2021 ONSC 2893 which examines the Court’s broad discretion to order an award for support even in cases where the parties may have entered into an agreement to the contrary.

Should you have any questions, please email us at info@hullandhull.com or leave a comment on our blog.

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13 Jul

Hull on Estates #617 – Crossing the Threshold for a Will Challenge

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This week on Hull on Estates, Paul Trudelle and Fred Tonelli discuss the decision and corresponding order in Morrish v Katona ONSC 3805, and review the threshold to challenge a will and compensation due to an examined drafting solicitor and his or her lawyer.

Should you have any questions, please email us at info@hullandhull.com or leave a comment on our blog.

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29 Jun

Hull on Estates #616 – Objectors Beware: Costs in Passings of Accounts

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This week on Hull on Estates, Stuart Clark and Nick Esterbauer discuss the costs decision in Toller James Montague Cranston (Estate of), 2021 ONSC 3704, and review factors that may result in an elevated costs award in passings of accounts.

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15 Jun

Hull on Estates #615 – The Role of the Medical Expert in Determining Undue Influence

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On today’s podcast, Natalia Angelini and Rebecca Rauws discuss a recent article from The Canadian Journal of Psychiatry entitled “Susceptibility to Undue Influence: The Role of the Medical Expert in Estate Litigation”. The paper can be accessed online here.

Should you have any questions, please email us at webmaster@hullandhull.com or leave a comment on our blog.

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01 Jun

Hull on Estates #614 – Validity of a Handwritten Will and Appointment of an Estate Trustee in Conflict

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This week on Hull on Estates, Doreen So and Arielle Di Iulio discuss the recent decision of Langrandeur Estate (Re), 2021 ONSC 3447, where the court addresses the validity of a will containing both typewritten and handwritten instructions, and the appointment of an estate trustee in conflict with the estate’s potential beneficiaries.

Should you have any questions, please email us at webmaster@hullandhull.com or leave a comment on our blog.

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