Category: Hull on Estates

15 Sep

Hull on Estates #597 – Pour Over Clauses

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This week on Hull on Estates, Jonathon Kappy and Stuart Clark discuss Quinn Estate v. Rydland2019 BCCA 91, and the concept of “pour over clauses” more generally and whether you can leave a bequest in a Will to an already existing inter vivos trust.

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04 Aug

Hull on Estates #595 – When to Strike: Rule 25.11 and Notices of Objection

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This week on Hull on Estates, Noah Weisberg and Sydney Osmar discuss Notices of Objection, Rule 25.11, and the court’s decision in Dessisa and Wolde v Demisie.

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21 Jul

Hull on Estates #594 –An Expansion of Pecore in Calmusky v Calmusky

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In today’s podcast, Paul Trudelle and Garrett Horrocks discuss the court’s decision in Calmusky v Calmusky, which deals with the application of principles from Pecore v Pecore to designated assets.

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07 Jul

Hull on Estates #593 – Dependant Adult Child: Issues on an Intestacy

76admin Estate Litigation, Hull on Estate and Succession Planning, Hull on Estates, Podcasts, Wills Tags: , , , , 0 Comments

This week on Hull on Estates, Stuart Clark and Kira Domratchev discuss a finding of support for an adult dependant child in Deleon v Estate of Raymon DeRanney, 2020 ONSC 19.

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Click here for more information on Stuart Clark.

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23 Jun

Hull on Estates #592 – Dealing with the Body: Issues on an Intestacy

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This week on Hull on Estates, Natalia Angelini and Doreen So discuss the estate administration issues surrounding the disposition of the body, where there is no will, in Re Timmerman Estate, 2020 ONSC 3424 (CanLII) and Re Timmerman Estate, 2020 ONSC 3425 (CanLII).

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Click here for more information on Natalia Angelini.

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09 Jun

Hull on Estates #591 – Accounting obligations and Passing of Accounts during the COVID-19 pandemic

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This week on Hull on Estates, Noah Weisberg and Nick Esterbauer discuss continued accounting obligations during the COVID-19 pandemic and procedural considerations relating to fresh and pre-existing applications to pass accounts.

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Click here for more information on Noah Weisberg.

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02 Jun

A Glimpse into the Future for Ontario Courts

Christina Canestraro General Interest, Hull on Estates, In the News, Litigation Tags: , , , , , , , 0 Comments

As the province of Ontario slowly emerges from the strict measures in place to prevent the spread of Covid-19, businesses and organizations alike are considering what workplaces will look like moving forward. Modernizing technology in workplaces is a fundamental aspect of these considerations, and Ontario courtrooms are no exception.

On Thursday, May 28, 2020, Chief Justice Geoffrey Morawetz, Senior Family Justice Suzanne Stevenson and Regional Senior Justice Michelle Fuerst answered questions posed by members of the legal profession on the Superior Court’s response to the Covid-19 pandemic and the future of the courtroom as we know it. The overarching message conveyed by Chief Justice Morawetz was that the courts have acknowledged the need to modernize and that great efforts are being made to adapt to new technologies and integrate those technologies into our justice system.

I will briefly highlight some of the key takeaways from the Ontario Bar Association’s (OBA) webinar, although I encourage all those who are interested to watch the full webinar, which is free and accessible to the public on the OBA website. To watch the webinar, click here.

Key Takeaways:

  1. Currently, the Superior Court of Justice has suspended in-person hearings until July 6, 2020, at the earliest.  It is expected that the next phase of modernization will see a hybrid of both in-person and video or telephone conferencing. Courts will likely not return to “normal” operations (i.e. in-person hearings of all matters) until a vaccine is widely available.
  2. It was acknowledged that the courts moved quickly to allow for remote hearings of matters that were easily suited to a virtual hearing, such as matters that were unopposed, on consent, or in writing. Over the course of the pandemic, the courts have twice expanded the scope of matters it will hear. Moving forward, it is expected that the courts will continue to expand the virtual courtroom to be able to hear contentious matters that require oral advocacy.
  3. In conjunction with the Minister of the Attorney General’s office, the courts are aiming to increase availability to video conferencing across all regions.
  4. Given that the courts have not been operating at their full capacity since mid-March, and the backlog that existed prior to Covid-19, it is expected that there will be a significant backlog of matters that will have to be heard. In an effort to resolve this issue, judges from different regions will likely hear matters virtually in order to bring the court system back up to speed.
  5. We can expect to see an expansion of matters that that are being overseen by a case management judge.
  6. It is expected that eventually, there will be electronic scheduling platforms in place that will allow counsel to schedule attendances online.

Thank you for reading!

Christina Canestraro

03 Mar

Hull on Estates #590 – Substantial Compliance vs. Strict Compliance

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In today’s podcast, Paul Trudelle and Kira Domratchev discuss the British Columbia Supreme Court’s decision in Hubschi Estate (Re), 2019 BCSC 2040, and the factors considered by the Court in holding that the document found on the deceased’s computer was a Will in accordance with the curative provisions of the relevant legislation.

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25 Feb

Hull on Estates #589 – “Cottage Planning”?

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In today’s podcast, Stuart Clark and Doreen So discuss the Ontario Court of Appeal’s decision in Donaldson v. Braybrook, 2020 ONCA 66, and what to consider when the ownership of a family cottage was changed to include the children.

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.

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11 Feb

Hull on Estates #588 – Rights and Limitation on an Attorney under a Power of Attorney

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In today’s podcast, Natalia Angelini and Sydney Osmar discuss the OBA’s Institute Elder Law program recently chaired by Natalia and Kimberly Whaley. Natalia and Sydney delve into the debated issue of whether or not beneficiary designations are testamentary. Tune in to learn how the crowd voted.

Please note that, as a result of technical difficulties, the introduction of this podcast has been cut off.  Sorry for the inconvenience.

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 Sydney Osmar.

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