Posts by lifewd

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. In Dagarsho Holdings Ltd. v. Bluestone, 2004…

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 to two separate…

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 person and…

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. Various legislation recognize the above and provide for an automatic stay or preservation absent the consent of the dependant and/or order from…

Adding a child on title to a property or as a joint account holder on a bank account is a common estate planning tool used by many with the goal and intention of hoping to avoid the delay in the administration of estates as a result of probate and also the estate administration taxes that…

Guardianship applications are often commenced out of necessity. Some examples of when and why a guardianship application occurs include when someone is incapable and has no power of attorney and requires a financial or medical decision maker, there are concerns that someone is being abused or taken advantage of by their current power of attorney…

The Court is often asked to render a decision regarding a dispute related to the interpretation of a will. Issues related to the interpretation of a will can arise where first the will is vague or subjective such as wills which include such language like “necessary” or “reasonable” – what is reasonable or necessary? Who…

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…