Tag: Jonathon Kappy

13 Oct

Hull on Estates #599 – Rectification in the Corporate Context

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This week on Hull on Estates, Jonathon Kappy and Nick Esterbauer discuss the recent decision of Robert Mandel et al. v. 1909975 Ontario Inc. et al., 2020 ONSC 5343, and review the issue of rectification in the corporate context.

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

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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.

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

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24 Dec

Hull on Estates #586 – Can a word document be a valid Will?

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In today’s podcast, Jonathon Kappy and Sydney Osmar discuss the difference between strict compliance and substantial compliance regimes regarding the formality of Wills.

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

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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.

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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.

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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.

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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.

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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.

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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.

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