Posts by Cassandra Martino

Ontario is on the verge of its most significant overhaul of the Rules of Civil Procedure in decades. The Civil Rules Review (CRR) Working Group — comprised of judges, practising lawyers, and academics — has proposed sweeping reform to make civil litigation faster, more efficient, and more predictable. These reforms are currently under review and…

In Ontario, same-sex couples face unique challenges when making a dependant support claim under the Succession Law Reform Act (SLRA). While the law provides avenues for dependants to claim support from a deceased partner’s estate, same-sex couples—who may be less likely to enter into traditional marriage—must often rely on common-law status to establish their claim.…

In the context of an estate litigation in Ontario, the division of personal items can often be a contentious issue. Whether a will exists or not, disputes over who gets what can arise, leading to prolonged legal battles and strained relationships among beneficiaries. When the deceased died with a Will, the deceased’s wishes regarding the…

In the intricate landscape of Ontario’s estate law, various terms and concepts can be baffling, especially for those embroiled in legal proceedings. One such term is “ETDL” or Estate Trustee During Litigation. Let’s unravel this concept and shed light on its significance in Ontario’s legal framework. What is an Estate Trustee During Litigation (ETDL)? An…

Joint tenancy can be a convenient way to hold property, especially for couples or family members. However, it’s essential to understand the legal implications, including the process of severing a joint tenancy when necessary. Let’s delve into the intricacies of this law in Ontario. What is Joint Tenancy? Joint tenancy is a form of property…

Historically in Ontario, as in many other jurisdictions, the doctrine of strict compliance with the formalities of execution of a will was a fundamental legal principle that governed how wills were created and validated. This doctrine set out specific requirements that must be met for a will to be considered legally valid. Failing to meet…

Introduction The concept of challenging a will pre-death i.e. before a testator has passed is a rare and complex legal issue that falls outside the traditional norms of estate litigation. In Ontario, as in many jurisdictions, the prevailing principle is that wills can typically only be challenged after the testator’s passing. This blog post will…

Predatory marriage is a disturbing phenomenon that was under scrutiny in Ontario. This practice involves the manipulation or coercion of vulnerable individuals, often elderly, into marrying someone for financial gain or exploitation. In response to the growing concerns surrounding predatory marriages, Ontario has implemented new laws and protections to address this issue and safeguard vulnerable…

Estate litigation in Ontario, Canada, is a complex legal realm that deals with various disputes related to the distribution of a deceased person’s assets and financial affairs. When engaging in estate litigation, it’s crucial to be aware of the limitation periods that govern these legal proceedings. In this blog post, we will explore the limitation…

Estate litigation is a specialized area of law that deals with disputes arising from the administration of a deceased person’s estate. In Ontario, Estate litigation often proceeds by way of an application for directions, which makes it distinct from other forms of civil litigation. Challenging a Will One of the most common scenarios in estate…