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Estate disputes often unfold in the wake of a family member’s passing, with surviving relatives questioning the contents of the deceased’s Will. Challenging a Will is a multifaceted process, and in Ontario, where the legal landscape is nuanced, understanding the intricacies becomes paramount. This blog aims to demystify the process, incorporating crucial insights into challenging…

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 before the testator’s death 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 explore the concept…

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)…

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, and…

Brief Introduction  The Road Access Act 1978 (“the Act”) came into force in an attempt to resolve disputes regarding the access to roads typically found in areas which are considered cottage country. In simple terms, an “access road” may be defined as a road which is located on land that is not owned by a…

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…

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…