Tag: Jonathon Kappy

22 Oct

Hull on Estates #582 – Informal Trust Arrangements

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This week on Hull on Estates, Jonathon Kappy and Nick Esterbauer discuss the recent Ontario Court of Appeal decision in Rubner v Bistricer, and the law regarding informal trust arrangements.

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

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13 Aug

Hull on Estates #578 – Grewal v Litt: The Issue of Testamentary Freedom and Potential Discrimination

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In today’s podcast, Jonathon Kappy and Sayuri Kagami discuss Grewal v Litt, 2019 BCSC 1154, a recent case out of BC where 4 sisters sought to have the court vary their parents wills that left almost 96% of the parents’ estates to the applicants’ 2 brothers. The applicants claimed that the parents failed to make adequate provision for their proper maintenance and support as a result of cultural discrimination that favoured sons over daughters.

If you’d like to read more about the case, see Garrett Horrock’s recent 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.

Click here for more information on Sayuri Kagami.

04 Jun

Hull on Estates #573 – When is a Certificate of Pending Litigation Appropriate?

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This week on Hull on Estates, Jonathon Kappy and Rebecca Rauws discuss the recent decision of Sach v Viola, 2018 CarswellOnt 1824, and under what circumstances a certificate of pending litigation is appropriate.

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 Rebecca Rauws.

26 Mar

Hull on Estates #568 – Proof in Solemn Form: Testing the Waters of No-Contest Clauses

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In today’s podcast, Jonathon Kappy and Garrett Horrocks review the interaction between no-contest clauses and applications to prove a will in solemn form as discussed by the Court of Appeal of Alberta in Mawhinney v Scobie.

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 Garrett Horrocks.

08 Jan

Hull on Estates #563 – Styres v Martin

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In today’s podcast, Jonathon Kappy and Sayuri Kagami discuss the recent Court of Appeal decision in Styres v Martin, 2018 ONCA 956, where the Court ordered a new trial of the issues. The Appellant had suffered catastrophic brain injuries after a motorcycle accident and subsequently entered into a long-term relationship with the Respondent to whom he eventually transferred his home. On Appeal, the Court of Appeal examined some of the important issues that need to be examined in such a matter.

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 Sayuri Kagami.

30 Oct

Hull on Estates #558 – Fica v Dmytryshyn: Costs Consequences of Failing to Comply with Rules of Civil Procedure

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On today’s podcast, Jonathon Kappy and Rebecca Rauws discuss the Ontario Superior Court decision in Fica v Dmytryshyn, 2018 ONSC 2034, which addresses a fiduciary’s duty to comply with the Rules of Civil Procedure in accounting matters.

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 Rebecca Rauws.

21 Aug

Hull on Estates #553 – Who is the Children’s Lawyer?

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This week on Hull on Estates, Jonathon Kappy and Nick Esterbauer discuss the role of the Children’s Lawyer in Ontario and the recent decision of the Ontario Court of Appeal in Ontario (Children’s Lawyer) v Ontario (Information and Privacy Commissioner).

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 Nick Esterbauer.

12 Jun

Hull on Estates #548 – Four Corners versus Armchair

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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.

20 Mar

Hull on Estates #542- Harvey v Talon International Inc.: The Importance of Pleading Earnest

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In today’s podcast, Jonathon Kappy and Garrett Horrocks discuss the Ontario Court of Appeal’s decision in Harvey v Talon International Inc., a case that clarified the importance of proper pleadings in real property claims.

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 Garrett Horrocks.

09 Jan

Hull on Estates #537 – Calderon Estate: Standing and Limitation Periods

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In today’s podcast, Jonathon Kappy and Umair Abdul Qadir discuss the Honourable Justice McEwen’s recent decision in Calderon Estate v Prince, 2017 ONSC 6584, on the issues of standing of a non-party and the application of the two-year limitation period under 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 Jonathon Kappy.

Click here for more information on Umair Abdul Qadir.

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