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A recent Ontario Superior Court decision, Groves v. Groves, 2026 ONSC 1206 (“Groves”), delves into the duties and limits of counsel acting pursuant to section 3 of the Substitute Decisions Act, 1992 (“SDA”), frequently referred to as simply ‘section 3 counsel’. It offers important insight into the role and limits of section 3 counsel, and…

Allegations of lack of testamentary capacity are among the most common grounds for challenging a will in Ontario. These cases often arise in emotionally charged circumstances: a will signed late in life, a diagnosis of dementia, an unexpected disinheritance, or a dramatic departure from a long-standing estate plan. Despite how frequently these claims are made,…

One common form of property ownership is joint tenancy, which is frequently used by spouses and family members. A defining feature of joint tenancy is the right of survivorship, meaning that when one owner dies, their share of the property automatically transfers to the surviving owner. Joint tenancy can be severed. While we have a…

In Ontario civil litigation, lawyers are familiar with motions to compel answers to undertakings following examinations for discovery in an action. Applications, however, proceed differently. They are typically determined on affidavit evidence rather than the full discovery process. Despite this difference, courts in Ontario can still compel answers to undertakings arising during cross-examinations on affidavits…

In Ontario civil actions and applications, with narrow exceptions, there are generally two main appeal routes for an Order of the Superior Court: Given the distinction, is is imperative you determine if the Order is Final or Interlocutory. Section 6(1)(b) of the Courts of Justice Act, R.S.O. 1990, c. C.43, states that a “final order…

Prejudgment interest is interest on a sum of money that a Court awards to a person from the time the loss or damage occurred until the Court makes a decision. Simply put, prejudgment interest compensates for the time the person had to wait to receive the money they were owed. Relevant Legislation and Discretion of…

Who decides how to address a deceased person’s remains? Disputes over the disposition of a loved one’s remains are among the most urgent and emotionally charged matters in estate litigation. When family members disagree about burial, cremation, or repatriation — the question becomes: who has the legal authority to decide? In Ontario, the answer is…

The policy behind legal costs of estate litigation in Ontario has undergone a significant evolution. Historically, courts frequently ordered costs to be paid out of the estate. Today, however, the dominant approach aligns estate litigation with ordinary civil litigation principles: loser pays, subject to important exceptions. Understanding this shift is critical for estate trustees, beneficiaries,…

Gifts mortis causa (also referred to as donatio mortis causa) occupy a narrow but important space in Ontario estate litigation. They arise when a person makes a gift in contemplation of death, intending it to take effect only if death occurs. These gifts fall somewhere between an inter vivos gift and a testamentary disposition under…

Estate litigation in Ontario is evolving rapidly. An aging population, increased longevity, and shifts in end-of-life law—especially Medical Assistance in Dying (“MAID”)—are reshaping estate litigation trends. This creates new litigation patterns and strategic considerations for estates and trusts practitioners, estate planners, families, and estate trustees alike. Demographic Shift Is a Driving Force Ontario is experiencing…