Presumptions, Timing and Evidence
When a trier of fact has to consider the evidence before them, the sequence of events may be critical. For …
Presumptions, Timing and Evidence Read Post »
When a trier of fact has to consider the evidence before them, the sequence of events may be critical. For …
Presumptions, Timing and Evidence Read Post »
As noted in Suzana’s blog last week, all parties during estate litigation must have sufficient capacity to participate in the proceedings: see The
Challenging a Litigant’s Capacity Read Post »
Natalia Angelini and Sydney Osmar review recent decisions out of the Superior Court of Justice regarding the application and interpretation
Courts do not want to interfere with a testator’s intentions, however, what happens if a testator’s intentions are misrepresented in
From Error to Resolution: The Rectification of Wills Read Post »
A common question asked of trust and estate practitioners is “do I really need a will?”. People are quick to
Navigating Estate Trustee Eligibility for Non-Residents Under Ontario’s Estates Act Read Post »
Mediation can be a cost effective and timely way to bring about a negotiated resolution to estate or POA disputes.
Mandatory Mediation: Bringing A Horse to Water… Read Post »
All trusts must satisfy the three certainties: (i) intention, (ii) subject matter, and (iii) objects. More often than not, uncertainty
Trusting in a Greater Purpose Read Post »
During estate litigation, all parties must have sufficient capacity to participate in the proceedings. If a litigant is represented by a lawyer, the requisite
The Level of Capacity Needed to Participate in Estate Litigation Read Post »
Generally, all communications between parties at mediation and any settlement achieved are confidential. This secrecy is based on the common
The Room Where It Happens: The Secrecy of Settlement Agreements at Mediation Read Post »
On July 24, 2023, Regional Senior Justice Firestone issued a memorandum to the profession advising of upcoming changes to the