Tag: Jonathon Kappy

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.

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28 Nov

Hull on Estates #534 – Gifts and Cheques

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Today on Hull on Estates, Jonathon Kappy and Doreen So discuss the issue of gifts that are made by way of a cheque in the context of the Court of Appeal’s decision in Teixeira v. Markgraf Estate

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03 Oct

Hull on Estates #530 -Minimal Evidentiary Threshold in Will Challenges

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In this week’s episode Paul Trudelle and Jonathon Kappy discuss a possible culture shift in the courts of probate, and the minimal evidentiary threshold required to proceed with a will challenge as articulated in Seepa v. Seepa, 2017 ONSC 5368.

You can read more about this decision on our blog here.

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19 Sep

Hull on Estates #529 – Real Property and Vacant Possession

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Today on Hull on Estates, Jonathon Kappy and Umair Abdul Qadir discuss vacant possession of real property belonging to an estate and the recent decision in Filippelli Estate v Filippelli, 2017 ONSC 4923.

You can read more about this decision on our blog here.

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23 Aug

Hull on Estates #481 – Criminality and Breaching Fiduciary Duties

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This week on Hull on Estates, Jonathon Kappy and Lisa Haseley discuss criminal implications of breaching fiduciary duties.

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26 Jul

Hull on Estates #477 – Evidence in Support of Mutual Will Contracts

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This week on Hull on Estates, Jonathon Kappy and Nick Esterbauer discuss the concept of mutual wills and the recent decision of the Ontario Superior Court of Justice in Rammage v. Roussel Estate. (http://bit.ly/29PXrLa)

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28 Jun

Hull on Estates #473 – When a witness does not recall witnessing a Will

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This week on Hull on Estates, Jonathon Kappy and Stuart Clark discuss Besaw Estate v. Besaw, 2015 CanLII 62411 (http://bit.ly/28Qumyo), and whether the court can admit a Will to probate when one of the attesting witnesses gives evidence that they don’t recall witnessing the Will.

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31 May

Hull on Estates #469 – Signing an Insurance Designation for a Physically Incapable Person

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This week on Hull on Estates, Jonathon Kappy and Stuart Clark discuss the recent decision of Re: Hanson Estate, 2016 ONSC 2382 (http://bit.ly/1WqJx77), and whether an individual who is mentally competent but physically incapable can direct another individual to sign a life insurance beneficiary designation on their behalf.

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19 Apr

Hull on Estates #463 – Undue Influence and Independent Legal Advice

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This week on Hull on Estates, Jonathon Kappy and Umair Abdul Qadir discuss the Court of Appeal’s recent comments on independent legal advice in Donis v Georgopoulos, 2016 ONCA 194 (http://bit.ly/1qLCSqL), where an inter vivos transfer was challenged on the basis of undue influence. Read more about the Court’s decision on our blog. (http://bit.ly/1RYCGi3)

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29 Mar

Hull on Estates #460 – Obligations of Trustees Pertaining to the Rule in Saunders v Vautier

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This week on Hull on Estates, Jonathon Kappy and Noah Weisberg discuss the duties trustees owe to beneficiaries as it relates to the rule in Saunders v Vautier.

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

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