Category: Archived BLOG POSTS – Hull on Estates

20 Sep

No Jail For Contempt of Order to Pass Accounts

Paul Emile Trudelle Archived BLOG POSTS - Hull on Estates, Estate & Trust, Estate Litigation, Estate Planning, Executors and Trustees, Passing of Accounts, Uncategorized Tags: , , 0 Comments

The Ontario Court of Appeal recently set aside an order committing an estate trustee to 15 days in jail, to be served on weekends, for contempt of an order requiring the estate trustee to pass his accounts.

In Ross v. Ross, 2019 ONCA 724 (CanLII), the estate trustee was a lawyer, 73 years of age, with no prior convictions or findings of contempt. At the time of the appeal, the estate trustee had purged his contempt.

At the hearing below, the judge found that the contempt arose from “a failure to understand and appreciate or to ignore the need for, and importance of, complying with the order within the specified time or within a reasonable time.” The Court of Appeal held that this finding meant that the estate trustee’s actions did not amount to a callous disregard for the court’s authority. Accordingly, a jail sentence was not appropriate.

For other cases on contempt and sentencing, see our blog, here and here. In the first blog, reference is made to a case where an 88 year old litigant with health issues was sentenced to 30 days in jail for contempt. In the second blog, we discuss a case where an attorney for property failed to pass accounts as required by court order. He was fined $7,000.

Finally, consider the case of Canavan v. Feldman, 2004 CanLII 4787 (ON SC). This was a claim by an estate trustee against his former lawyer. There, the estate trustee, 67 years old, spent 35 days in jail for contempt of court orders relating to a passing of accounts, and was only released when new counsel put further evidence before the court. The estate trustee’s prior lawyer had consented to an order of contempt without the estate trustee’s knowledge. The lawyer told the estate trustee that he had “nothing to worry about”. At a sentencing hearing, the lawyer did not attend. The estate trustee was sentenced to 6 months in jail. The estate trustee was awarded general damages of $200,000 and punitive damages of $100,000 against his prior lawyer.

Thanks for reading.

Paul Trudelle

12 Jun

Hull on Estates #548 – Four Corners versus Armchair

76admin Archived BLOG POSTS - Hull on Estates, Hull on Estate and Succession Planning, Hull on Estate and Succession Planning, Hull on Estates, Hull on Estates, Podcasts, PODCASTS / TRANSCRIBED, Show Notes, Show Notes Tags: , , , , , , , 0 Comments

In today’s podcast, Jonathon Kappy and Kira Domratchev discuss the British Columbia Court of Appeal decision of Killam v Killam (2018) BCCA 64, and the “four corners” approach versus the “armchair” approach in interpreting the testator’s intention.

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

Click here for more information on Jonathon Kappy.

Click here for more information on Kira Domratchev.

15 May

Hull on Estates #546 – Attorneyship planning options

76admin Archived BLOG POSTS - Hull on Estates, Hull on Estate and Succession Planning, Hull on Estate and Succession Planning, Hull on Estates, Hull on Estates, Podcasts, PODCASTS / TRANSCRIBED, Show Notes, Show Notes Tags: , , , , , , 0 Comments

This week on Hull on Estates, Natalia Angelini and Nick Esterbauer discuss attorneyship planning options and the importance of full consideration of what may seem like basic options in protecting the interests of clients during periods of mental incapacity.

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

Click here for more information on Natalia Angelini.

Click here for more information on Nick Esterbauer.

17 Apr

Hull on Estates #544 – Consolidation of Family Law Act and Dependant Support Claims

76admin Archived BLOG POSTS - Hull on Estates, Hull on Estate and Succession Planning, Hull on Estate and Succession Planning, Hull on Estates, Podcasts, PODCASTS / TRANSCRIBED, Show Notes, Show Notes Tags: , , , , , , , 0 Comments

Today on Hull and Estates, Stuart Clark and Umair Abdul Qadir discuss the recent decision in Cohen v Cohen, 2018 ONSC 1613, in which the Honourable Justice Maranger discussed the Ontario Superior Court of Justice’s jurisdiction to consolidate applications for equalization commenced pursuant to the Family Law Act with applications for dependant’s relief under Part V of the Succession Law Reform Act. You can read more about the Cohen decision on our blog.

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

Click here for more information on Stuart Clark.

Click here for more information on Umair Abdul Qadir.

06 Mar

Hull on Estates #541 – Cross claims and time-barred

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Today on Hull on Estates, Paul Trudelle and Kira Domratchev discuss the decision of the Ontario Court of Appeal in Levesque v Crampton Estate, 2017 ONCA 455, which dealt with the question of whether a crossclaim against the Estate of Father Dale Crampton was time-barred by s. 38 (3) of the Trustee Act.

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

Click here for more information on Paul Trudelle.

Click here for more information on Kira Domratchev.

17 Oct

Hull on Estates #531 – Beneficiary Designations for Insurance Policies

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Today on Hull on Estates, Natalia Angelini and Rebecca Rauws discuss the decision in Sun Life v Nelson Estate, 2017 ONCA 4987, and beneficiary designations for insurance policies.

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

Click here for more information on Natalia Angelini.

19 Sep

Hull on Estates #529 – Real Property and Vacant Possession

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Today on Hull on Estates, Jonathon Kappy and Umair Abdul Qadir discuss vacant possession of real property belonging to an estate and the recent decision in Filippelli Estate v Filippelli, 2017 ONSC 4923.

You can read more about this decision on our blog here.

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

Click here for more information on Jonathon Kappy.

05 Sep

Hull on Estates #528 – Quantum Meruit Claims

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Today on Hull on Estates, Ian Hull and Noah Weisberg discuss quantum meruit claims and the decision in Tarantino v. Galvano.

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

Hull on Estates #527 – Expert Witnesses and the Gatekeeper Role of the Trial Judge

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Today on Hull on Estates, Paul Trudelle and Doreen So discuss expert witnesses and the gatekeeper role of the trial judge in the Court of Appeal decision in Bruff-Murphy v. Gunawardena, 2017 ONCA 502.

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

Hull on Estates #526 – Vanier V Vanier – Undue Influence and Powers of Attorney

76admin Archived BLOG POSTS - Hull on Estates, Hull on Estates, Podcasts, PODCASTS / TRANSCRIBED, Show Notes, Show Notes Tags: , , , , , , , , 0 Comments

Today on Hull on Estates, Ian Hull and Rebecca Rauws discuss the recent Court of Appeal decision in Vanier v Vanier, 2017 ONCA 561, including the different tests for undue influence and the practice of assessing undue influence by capacity assessors.

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

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