The Supreme Court of Canada has emphasized access to justice as one of the top concerns facing the legal profession today (see our blog post summarizing the Supreme Court’s decision, Hryniak v Mauldin). Justice Brown of the Ontario Superior Court has made practical the Supreme Court’s directives in Re Estate of Ireni Traitses. Re Estate […]
“If the drawing of the clock was akin to Salvador Dali’s paintings, it would not bode well.” Colourful words from Justice Whitten who relied on the court’s parens patriae jurisdiction to remove an attorney for property. The drawing of an ordinary clock is often administered to determine “intellectual acuity”. Salvador Dali’s iconic image of a
The recent decision of the Supreme Court of Canada (SCC) in Hryniak heralds a sea change in summary judgment motions in Ontario and will have a profound impact on estate litigation. Many lawyers in Ontario have long groused that the Ontario Court of Appeal (OCA) was overly restrictive in its interpretation of summary judgment rules both before
Gail Evans died intestate on July 30, 1992. She was survived by her two sons from a first marriage, Richard and Donald, and by her second husband, Carlton. Carlton was the administrator (i.e. estate trustee) of Gail’s estate. The parties agreed Carlton was entitled to a preferential share of $75,000 and one third of the
I recently travelled to Washington, DC. I was again reminded of the grandeur of a capital city and how well the Americans celebrate their past, Founding Fathers, and assorted heroes. American myth making can be beguiling. I had the opportunity to tour the Capital Building and George Washington’s ancestral home, Mount Vernon. It was at
