Insights

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Will

Recent Amendments to the Succession Law Reform Act : What you need to know.

In the midst of the global pandemic, substantive changes also came to the Estates world, particularly with respect...
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Provisions for Fairness: Dependant Support Claims in Ontario

Estate disputes in Ontario often extend beyond contesting the validity of a will. A significant aspect of estate...
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Challenging a Will: Navigating the Complex Web of Contesting a Will in Ontario

Estate disputes often unfold in the wake of a family member's passing, with surviving relatives questioning the contents...
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Substantial Compliance Comes to Ontario

Historically in Ontario, as in many other jurisdictions, the doctrine of strict compliance with the formalities of execution...
challenges

Pre-Death Will Challenges – is it possible?

Introduction The concept of challenging a will before the testator's death is a rare and complex legal issue...
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The Slayer Rule: What Is It and When Does It Apply?

What is the “Slayer Rule”? In simple terms, the “Slayer Rule” prevents somebody who has intentionally caused another’s...
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Deposits in Real Estate Transactions

Many home buyers do not see a real estate lawyer until after they have signed an agreement of...
Road

Road Access – Overview of the Road Access Act

Brief Introduction  The Road Access Act 1978 (“the Act”) came into force in an attempt to resolve disputes...
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The Predatory Marriage: A Thing of the Past?

Predatory marriage is a disturbing phenomenon that was under scrutiny in Ontario. This practice involves the manipulation or...
Occupation Rent in Estate Litigation

Occupation Rent in Estate Litigation

A claim for occupation rent consists of a claim seeking an order that a party pay rent for...
Beneficiary Designation

Is Your Beneficiary Designation Safe?

On March 16, 2020 the Hon. Justice R.A. Lococo of the Ontario Superior Court released his reasons for...
Section 3 Counsel

Section 3 Counsel – What is your role?

Pursuant to section 3 of the Substitute Decisions Act, 1992, S.O. 1992, c. 30 (the “SDA”) if an...
Presumption of Revocation

Animo Revocandi – The Presumption of Revocation

Animo Revocandi is a Latin term which means the intention to revoke. It is the state of mind...
Dependants Relief Claims

Preservation Orders in Dependant’s Relief Claims

A preservation order in the context of a dependant’s relief claim is critical to ensure that there are...
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Gifts to Adult Children – the Presumption of Resulting Trust

Adding a child on title to a property or as a joint account holder on a bank account...
Guardianship Applications

Costs in Guardianship Applications

Guardianship applications are often commenced out of necessity. Some examples of when and why a guardianship application occurs...
The Armchair Rule

Interpretation of Wills & The Armchair Rule

The Court is often asked to render a decision regarding a dispute related to the interpretation of a...
Limitation Periods in Estate Litigation

Navigating Limitation Periods in Estate Litigation

Estate litigation in Ontario, Canada, is a complex legal realm that deals with various disputes related to the...
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What Exactly Is Estate Litigation?

Estate litigation is a specialized area of law that deals with disputes arising from the administration of a...