Hull On Estates

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.

This week on Hull on Estates, Paul Trudelle and Christina Canestraro discuss Cavanagh et al. v Sutherland et al., in which the Ontario Superior Court of Justice addresses questions of fact and law related to motions for summary judgment and mistake of fact. Should you have any questions, please email us at  or leave a comment on our blog.

Today on Hull on Estates, Stuart Clark and Charlotte McGee discuss settlement agreements and non-signatories – specifically, if a settlement agreement affects the interests of a non-signatory to the settlement, can such a settlement bind the interests of the non-signatory? Should you have any questions, please email us at  or leave a comment on our blog.

This week on Hull and Estate, Natalia Angelini and Sydney Osmar discuss Dale v Prentice, in which the Ontario Superior Court of Justice addresses whether a drafting solicitor can represent the estate in a will challenge. Should you have any questions, please email us at  or leave a comment on our blog.

In today’s podcast, Noah Weisberg and Sayuri Kagami discuss the problems caused by a beneficiary under a Will witnessing its execution in the context of the recent Saskatchewan decision of Mahin v Kolosnjaji, 2019 SKQB 32.

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  or leave a comment on our blog

This week on Hull on Estates, Paul Trudelle and Kira Domratchev discuss the decision of , and the evidence required to be demonstrated by the party challenging a Will.  Should you have any questions, please email us at  or leave a comment on our blog.

This week on Hull on Estates, Stuart Clark and Doreen So discuss the Residents’ Bill of Rights within Ontario’s . 

This week on Hull on Estates, Natalia Angelini and Nick Esterbauer discuss S.A. v Metro Vancouver Housing Corp., in which the Supreme Court of Canada addresses Henson trusts for the very first time.

In today’s podcast, Noah Weisberg and Rebecca Rauws discuss executor and trustee compensation, and particularly the circumstances in which a trustee may be able to claim a special fee. This topic was also discussed in a recent paper by Lisa Toner, “When Can a Trustee Claim, and Justify, a Special Fee?” Should you have any questions, please email us at  or leave a comment on our blog.

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  or leave a comment on our blog.

In today's podcast, Paul and Garrett discuss the decision in Tiedemann v Tiedemann and revisit some legal principles from the Pecore decision that are often overlooked in light of the well-known analysis on the presumption of resulting trust.  

This week on Hull on Estates, Natalia Angelini and Kira Domratchev discuss the decision in Shannon v Hrabovsky, 2018 ONSC 6593, and the question of a limitation period in a Will challenge.

Today on Hull on Estates, Stuart Clark and Doreen So discuss the recent decision of Wall v. Shaw, 2018 ONCA 929, and its potential impact upon the availability of limitations defences in an Application to Pass Accounts. Should you have any questions, please email us at  or leave a comment on our blog.

This week on Hull on Estates, Natalia Angelini and Nick Esterbauer discuss the recent decision of the Ontario Superior Court of Justice in Connolly v Connolly and PGT, and the importance of filing comprehensive management plans in support of applications for appointment of guardians of property.

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.

In today’s podcast, Paul Trudelle and Sayuri Kagami discuss the recent decision of Re Milne Estate, 2018 ONSC 4174, where Justice Dunphy of the Ontario Superior Court found a Will to be invalid where it provided the Estate Trustee with the discretion to determine whether assets might fall under the Will or not. At the time of recording, it was unknown whether the decision would be appealed. It is now confirmed that the decision is under appeal. Should you have any questions, please email us at  or leave a comment on our blog.

This week on Hull on Estates, Noah Weisberg and Doreen So discuss the UK and Hong Kong Golden Rule for assessing testamentary capacity. Should you have any questions, please email us at  or leave a comment on our blog.

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