Posts by Jonathan M. Friedman

In Ontario, guardianship of the person is a legal mechanism that allows an individual or entity to make personal care decisions for someone who is unable to do so themselves due to incapacity. Guardianship is a powerful tool designed to protect vulnerable individuals. However, it is also responsive to the variability of one’s capacity and…

Basic Introduction Many Wills are created to ensure that the assets of a testator are protected and properly administered after their death. While the Estates Administration Act, R.S.O. 1990, c. E.22 typically governs the administration of Estate assets, some testators incorporate a clause in their Will that provides an Estate Trustee with unfettered discretion to…

In the midst of the global pandemic, substantive changes also came to the Estates world, particularly with respect to the Succession Law Reform Act (the “SLRA”). See also “Substantial Compliance Comes to Ontario”.  The new legal entitlements that a former/current spouse may have in relation to your Estate are discussed below.     Effect of Marriage on…

What is the “Slayer Rule”? In simple terms, the “Slayer Rule” prevents somebody who has intentionally caused another’s death from taking a share of a deceased’s estate, whether under the deceased’s Will or under intestate. The case which is commonly cited for this type of situation is the old case of Lundy v Lundy (1895)…

Introduction Many home buyers do not see a real estate lawyer until after they have signed an agreement of purchase and sale and paid an initial deposit of tens of thousands of dollars. It is important to remember that unless the buyers make the purchase conditional (on financing approval, for example), the deal is firm,…

A claim for occupation rent consists of a claim seeking an order that a party pay rent for occupying a property for a specific duration of time. There are several leading cases which establish the governing principles and legal test to establish and succeed on a claim for occupation rent. An Equitable Remedy In Dagarsho Holdings…

Pecore and Calmusky On March 16, 2020 the Hon. Justice R.A. Lococo of the Ontario Superior Court released his reasons for decision in Calmusky. His Honour as part of his reasons applied the principles surrounding the presumption of resulting trust established by the Supreme Court of Canada case Pecore v. Pecore [2007] 1 S.C.R. 795…

The Legislation Pursuant to section 3 of the Substitute Decisions Act, 1992, S.O. 1992, c. 30 (the “SDA”) if an individual’s capacity is in issue as part of any proceeding under the SDA, the Court may direct that the Office of the Public Guardian and Trustee arrange for legal representation to be provided for that…

Animo Revocandi is a Latin term which means the intention to revoke. It is the state of mind to revoke, recall or annul. When an individual passes away, with a will, but the original signed, witnessed will cannot be located the law presumes that the testator intentionally destroyed the Will. Absent a rebuttal of this…

A preservation order in the context of a dependant’s relief claim is critical to ensure that there are funds to satisfy the dependant’s claim pending the outcome or resolution of the court application. Legislation Various legislation recognize the above and provide for an automatic stay or preservation absent the consent of the dependant and/or order…