As lawyers, we try to encourage our clients to take a reasoned and reasonable approach when it comes to pursuing (or not pursuing) ongoing litigation. There are times when there is no choice but to resolve a dispute in court, and there are times when settlement is the best avenue. However, when and on what […]
Doing the work of an estate trustee can be demanding and thankless. It usually involves endless paperwork and multiple visits to the bank. However, the job is made much more difficult when it is unclear whether the deceased is, in fact, dead. While it may seem obvious, death is usually confirmed by examining a body.
Costs follow the event. This can be translated as the “loser pays” principle which has applied in estate litigation for many years now (since at least the seminal decision in Salter v. Salter Estate, 2009 CanLII 28403 (ON SC), decided by Justice D.M. Brown, as he then was). But in estate litigation there is often
Capacity is often a key component of estate litigation, especially in the context of guardianship and attorneyship disputes. These fights are, for the most part, heard before the Superior Court of Justice. And yet, there is an administrative board with ‘capacity’ built into the name – the Consent and Capacity Board (“CCB”). What is the
Litigation is complicated, and parties sometimes end up getting involved in a multitude of separate, but nevertheless related, proceedings. When this happens, and depending on the circumstances, courts may choose to “link” or “combine” the related proceedings, for the sake of efficiency and overall convenience. Rule 6 of the Rules of Civil Procedure deals with
