Category: Hull on Estates

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.

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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.

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18 May

Hull on Estates #613 – The Extent of an Estate Trustee’s Duty to Account

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This week on Hull on Estates Jonathon Kappy and Sanaya Mistry discuss the recent decision of Munro v. Thomas, 2021 ONSC 3320, which considers an Estate Trustee’s obligation to account for the assets of the Estate and those which may not form part of the Estate.

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06 May

Dementia in Film: Anthony Hopkins in ‘The Father’

Hull & Hull LLP Ethical Issues, Health / Medical, Hull on Estates, In the News, New Media Observations 0 Comments

Over the past two decades, and especially in recent years, filmmakers have used their medium of choice to produce compelling and exceptionally realistic depictions of the effects of dementia on an individual and their loved ones.  From Dame Judi Dench in Iris to Julianne Moore in Still Alice, depictions of the struggle, exhaustion, and emotional toll incurred in the months and years following diagnosis have been lauded, if not for the performances, then for the devastating impact they elicit.

Often, however, these struggles are viewed as a conflict to be managed as part of the broader film, with the focus typically being on the most prominent symptom of dementia, memory loss.  The latest entry in the list of films depicting dementia, 2020’s The Father, differs in that it portrays the condition not only in the context of the significant emotional responses that it elicits, inclusive of memory loss, but also as a shared experience across all members of the individual’s inner social circle, including the individual themselves.

A recent op-ed in the Toronto Star by author and gerontologist Dan Levitt posits that the film offers a distinctly more personal narrative, and one that is perhaps uncomfortably relatable to those who have experienced it firsthand.  Levitt contends that the film does not shy away from depictions of raw emotion that span the spectrum, from denial to anger, distress to depression.

To those who have experienced that range of emotions firsthand, or have been called on to counsel or advise those who have, those experiences are often held out as the most challenging and difficult experiences to manage.  The film confronts these experiences and, as Levitt notes, does so with a view to bringing broader attention and compassion to the shared experiences between patient, loved ones, and caregivers, and to create a more positive public discourse.

Thanks for reading, and congratulations Sir Anthony Hopkins on a well-deserved award.

Garrett Horrocks

20 Apr

Hull on Estates #611 – Production Orders and Drafting Solicitor’s Files

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This week on Hull on Estates, Stuart Clark and Kira Domratchev discuss the recent decision of Grove v Simon Dirk Kenworthy-Groen as executor of the estate of William Grove [2021] WASC 70, pertaining to production of preceding Wills and a drafting solicitor’s records.

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06 Apr

Hull on Estates #610 – Inherent Jurisdiction and Standing in Trust Litigation

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 This week on Hull on Estates, Natalia Angelini and Garrett Horrocks discuss the recent Ontario Court of Appeal decision in Carroll v Toronto Dominion Bank, 2021 ONCA 38, pertaining to the issue of standing in trust litigation.

 

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23 Mar

Hull on Estates #609 – Will Validation Law Proposed for Ontario

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 This week on Hull on Estates, Doreen So and Nick Esterbauer discuss Bill 245’s proposed addition of Section 21.1 to the Succession Law Reform Act and contemplate the differences between strict compliance, substantial compliance, and will validation provisions.

 For more information on this and other changes proposed under the Accelerating Access to Justice Act, please see last week’s discussion featuring Jonathon Kappy and Rebecca Rauws here.

 

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09 Mar

Hull on Estates #608 – Bill 245: Upcoming Changes to the Succession Law Reform Act

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This week on Hull on Estates, Jonathon Kappy and Rebecca Rauws discuss Bill 245, and the upcoming changes to the law if the Bill is passed. Bill 245 includes, among other things, changes to the Succession Law Reform Act, the Substitute Decisions Act, 1992, and the Children’s Law Reform Act.

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

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23 Feb

Hull on Estates #607 – Capacity to Instruct Counsel and the Appointment of a Litigation Guardian

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This week on Hull on Estates, Paul Trudelle and Arielle Di Iulio discuss the test for capacity to instruct counsel and the appointment of litigation guardians in the recent decision of Susan Eng v. Elizabeth Eng2021 ONSC 464.

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09 Feb

Hull on Estates #606 – The Unorthodox Expansion of Pecore

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This week on Hull on Estates, Stuart Clark and Jennifer Philpott discuss the unorthodox use of Pecore v. Pecore, 2007 SCC 17, in the recent decisions PGT v. Cherneyko, 2021 ONSC 107, and Calmusky v. Calmusky, 2020 ONSC 1506.

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