Tag: appeal

22 Jul

Developments in Will Changes – Hull on Estates #120

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Listen to Developments in Will Changes.

This week on Hull on Estates, Ian and Suzana discuss developments in will changes. They reference cases from Key Developments in Estates and Trusts Law in Ontario ed. 2008.

Comments? Send us an email at hull.lawyers@gmail.com, call us on the comment line at 206-350-6636, or leave us a comment on the Hull on Estates blog.

01 Jul

Dependant Relief and the Succession Law Reform Act – Hull on Estates #117

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Listen to Dependant Relief.

This week on Hull on Estates, Natalia Angelini and Craig Vander Zee discuss dependant relief and reference a variety of cases that utilized the Succession Law Reform Act.

Comments? Send us an email at hull.lawyers@gmail.com, call us on the comment line at 206-350-6636, or leave us a comment on the Hull on Estates blog.

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12 Jun

Same-Sex Marriages and their Impact on Estate Law and Administration – Hull on Estates #114

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Listen to Same-Sex Marriages and their Impact on Estate Law and Administration.

This week on Hull and Estates, Rick Bickhram and David Smith discuss how changes in the definition of marriage have impacted Estate Law and Estate Administration.

Comments? Send us an email at hull.lawyers@gmail.com, call us on the comment line at 206-350-6636, or leave us a comment on the Hull on Estates blog.

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12 Feb

The Ontario Civil Justice Reform Project – Hull on Estates #97

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listen to The Ontario Civil Justice Reform Project

This week on Hull on Estates, Chris and Justin discuss the Ontario Civil Justice Reform Project and the steps being taken by Mr. Justice Colter Osbourne and Attorney General Michael Bryant.

Comments? Send us an email at hull.lawyers@gmail.com, call us on the comment line at 206-350-6636, or leave us a comment on the Hull on Estates blog.

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21 Aug

Dickie and Dickie – Hull on Estates Podcast #73

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Listen to "Dickie and Dickie"
Read the transcribed version of "Dickie and Dickie"

In Episode 73, Craig Vander Zee and Paul Trudelle discuss the contempt issues that arise in the decisions of the Supreme Court of Canada (Dickie v. Dickie [2007] S.C.J. No. 8, and the Ontario Court of Appeal (Dickie v. Dickie [2006] O.J. No. 95), and the availability of contempt proceedings were there is a failure to comply with an Order calling for payment into court or posting of security.

Click "Continue Reading" for the transcribed version of this podcast.

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30 Jun

IS THERE SUPPORT AFTER DEATH? – Who Can Make a Claim and Powers of the Court – Part V

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No review of the area of dependant’s relief is complete without considering the leading Ontario Court of Appeal decision in Cummings v. Cummings (on the application for support, see (2004), 5 E.T.R. (3d) (81) (Ont. S.C) (Cullity, J.); on the appeal to the Ontario Court of Appeal, see (2004) 5 E.T.R. (3d) (97) (Ont. C.A.).

 As a result of Cummings v. Cummings, the Court has forced the Estate’s Bar to reconsider matters of support under Part V of the Succession Law Reform Act ("SLRA").

Historically, claims relating to support of dependants under Part V of the SLRA were a fundamental restriction on testamentary power.

As to the question of the power of the Court itself, section 58 (1) of the SLRA confers on the Court the ability to make an order for support where a deceased has not made adequate provision for the proper support of his/her dependants. In McSween v. McSween ((1985), 21 E.T.R. 195 (Surr.Ct.)), Justice Carnwarth sets out the appropriate guidelines in considering "adequate provision for the proper support of a dependant".

The case of Cummings v. Cummings was a most difficult one for the judges to determine as the facts were somewhat unusual and were as follows:

    Bruce Norman Cummings (the "deceased") died on June 22 1998, survived by his first wife, Mary Anne, whom he married in 1968, and from whom he was separated in 1986 and from whom he was divorced in 1992.
    They had two adult children, Paul, 28, and Elizabeth, 22, both of whom were dependants. Paul was 24 years of age at his father’s death and was seriously and permanently disabled to the extent that it would take many times the value of all of the assets of the estate, both real and notional (as clawed back pursuant to section 72(1)(d) of the SLRA), to properly support him for the rest of his life. The deceased was under an obligation to provide support by Court order to Paul.
    His daughter, Elizabeth, was eighteen years of age at her father’s death and was attending university and was entitled to support under the Court order as well.
    The deceased and his second wife, Ruta, commenced living together in 1988 and were married in 1997.
    At the time of the divorce from his first wife, the deceased was earning approximately $300,000 per year and his employment was terminated in 1994.

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