Case Law

25 November 2021 TAGS: Case Law

Case brief - Applying the armchair rule

In Moolla v. Rundle et al., 2021 ONSC 7488, the Superior Court considered an application for directions regarding how to interpret an ambiguous provision in a will.

29 October 2021 TAGS: Case Law

Case Brief - When is a handwritten name not a signature?

In BMO Trust Company v. Cosgrove, 2021 ONSC 5681, the court considered the validity of a holographic codicil.

4 February 2020 TAGS: Case Law

Case Brief: Court Orders Are Not Suggestions

The New Brunswick Court of Queen’s Bench had strong words, in Jensen v. Jensen, 2020 NBQB 8, when it recently handed down a contempt order to an executor in an estate dispute.

3 December 2019 TAGS: Guest Post

Case Comment: Slover v Rellinger 2019 ONSC 6497 on Testamentary Capacity & Undue Influence

In this lengthy (82 page) decision, Justice Sanfilippo addresses an estate dispute involving tense family relationships, complex estate planning documents, questions concerning testamentary capacity, undue influence, and the admissibility of a retrospective capacity assessment.

28 January 2019 TAGS: Estates

It's official: wills are not trusts

The Divisional Court has resolved the recent confusion caused by the conflicting Milne and Panda decisions about the validity of certain wills containing "basket clauses".

16 January 2019 TAGS: Case Law

Case Brief: Determining the purchase price of a business

In Muchmaker Estate (Re), 2019 ONSC 59, the court had to interpret a provision in the deceased's secondary will for determining the purchase price of his business, among other issues.

24 August 2018 TAGS: Case Law

What happens when a beneficiary can't be found?

If a beneficiary can't be found, when is it appropriate to assume they've died? The Superior Court of Justice considered this issue in Steele v. Smith, 2018 ONSC 4601 and granted a motion declaring that a missing beneficiary had died before the testator.

9 July 2018 TAGS: Case Law

Court Approval: One year later

Today marks exactly one year since the Superior Court confirmed in a written decision that publishing a notice to creditors on NoticeConnect satisfies the Trustee Act.

7 July 2017 TAGS: Case Law

Court Confirms NoticeConnect Satisfies Trustee Act

This morning, Justice Conway of the Ontario Superior Court granted an order confirming that a notice to creditors published on NoticeConnect.com had satisfied the estate trustee’s duty to advertise for creditors