There are limits on the freedom of a testator to dispose of her estate as she chooses. One of the limits is imposed by statute: a deceased must provide adequate provision for the proper support of her dependants. The Succession Law Reform Act, RSO 1990, c S.26 (SLRA) defines a dependant as (a) the spouse […]
In estate litigation costs awards follow the “loser pays” principle. This means that generally the party who is unsuccessful in court will be ordered to pay a portion of the successful party’s costs. (There are factors that the court will consider that could deviate from the “loser pays” principle, such as where the litigation is
It is often said that in a court battle there is a winner and a loser. The court must decide which facts and evidence it prefers and which party the law favours. After a decision is made by the judge who heard the application or trial, a party may “appeal” the decision to a higher
In matters and disputes involving estates, there are rules in the Rules of Civil Procedure which refer to persons who appear to have a “financial interest” in an estate. The description of a “financial interest” in an estate limits who may take certain steps in an estate dispute. One example is persons who may apply
In some estate litigation the evidence of an expert witness can be a critical piece of evidence. Rule 53.03 of the Rules of Civil Procedure governs expert evidence and expert reports. Section 52 of the Evidence Act addresses reports and evidence of practitioners who are identified as: (a) a member of a College as defined
