The Limits of Section 3 Counsel – Groves v. Groves
A recent Ontario Superior Court decision, Groves v. Groves, 2026 ONSC 1206 (“Groves”), delves into the duties…
Lack of Testamentary Capacity: What Must Be Proven?
Allegations of lack of testamentary capacity are among the most common grounds for challenging a will in…
Severance of Joint Tenancy: Unresolved Questions
One common form of property ownership is joint tenancy, which is frequently used by spouses and family…
Compel Answers to Undertakings in Cross-Examination
In Ontario civil litigation, lawyers are familiar with motions to compel answers to undertakings following examinations for…
Is the Order Final or Interlocutory?
In Ontario civil actions and applications, with narrow exceptions, there are generally two main appeal routes for…
Prejudgment Interest
Prejudgment interest is interest on a sum of money that a Court awards to a person from…
Who Decides How to Address a Deceased Person’s Remains
Who decides how to address a deceased person’s remains? Disputes over the disposition of a loved one’s…
Legal Costs of Estate Litigation in Ontario
The policy behind legal costs of estate litigation in Ontario has undergone a significant evolution. Historically, courts…
Gifts Mortis Causa in Ontario
Gifts mortis causa (also referred to as donatio mortis causa) occupy a narrow but important space in…
Future Trends in Estate Litigation
Estate litigation in Ontario is evolving rapidly. An aging population, increased longevity, and shifts in end-of-life law—especially…
What Is a Notice of Objection to a Probate Application?
When someone applies for probate in Ontario (formally called a Certificate of Appointment of Estate Trustee), the…
Different Levels of Capacity
One of the most misunderstood concepts in estate and capacity litigation is the idea that a person…
What Is Proprietary Estoppel?
Proprietary estoppel is an equitable doctrine that can create or affect property rights where strict legal title…
Constructive Trust: An Equitable Claim
A constructive trust is an equitable remedy that courts impose to prevent unjust enrichment or remedy wrongful…
Life Income Fund (LIF) Designations v. Spousal Entitlement
What is a LIF? In Ontario, a LIF is a registered retirement plan that converts locked-in pension…
Intestate Succession: What Happens if You Die Without a Will
Most people assume that if they die without a Will, (referred to as intestate succession) their spouse…
Ontario’s Rules of Civil Procedure: What is Changing
Ontario is on the verge of its most significant overhaul of the Rules of Civil Procedure in…
Dependant Support Claims for Same-Sex Couples
In Ontario, same-sex couples face unique challenges when making a dependant support claim under the Succession Law…
Termination of Guardianship in Ontario: A Guide
In Ontario, guardianship of the person is a legal mechanism that allows an individual or entity to…
Creative Solutions for Personal Item Division in Estate Litigation
In the context of an estate litigation in Ontario, the division of personal items can often be…
Discretion of Trustees in Delaying the Sale of Estate Assets
Basic Introduction Many Wills are created to ensure that the assets of a testator are protected and…
ETDL: The Role of an Estate Trustee During Litigation
In the intricate landscape of Ontario’s estate law, various terms and concepts can be baffling, especially for…
Severance of Joint Tenancy
Joint tenancy can be a convenient way to hold property, especially for couples or family members. However,…
Recent Amendments to the Succession Law Reform Act
In the midst of the global pandemic, substantive changes also came to the Estates world, particularly with…
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…
Navigating the Complex Web of Challenging a Will in Ontario
Estate disputes often unfold in the wake of a family member’s passing, with surviving relatives questioning the…
Substantial Compliance Comes to Ontario
Historically in Ontario, as in many other jurisdictions, the doctrine of strict compliance with the formalities of…
Pre-Death Will Challenge in Ontario – is it possible?
Introduction The concept of challenging a will pre-death i.e. before a testator has passed is a rare…
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…
Deposits in Real Estate Transactions
Introduction Many home buyers do not see a real estate lawyer until after they have signed an…
Road Access – Overview of the Road Access Act
Overview Ontario’s Road Access Act was enacted in 1978 to minimize disputes over access to the types…
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…
Occupation Rent in Estate Litigation
A claim for occupation rent consists of a claim seeking an order that a party pay rent…
Is Your Beneficiary Designation Safe?
Pecore and Calmusky On March 16, 2020 the Hon. Justice R.A. Lococo of the Ontario Superior Court…
Section 3 Counsel – What is your role?
The Legislation Pursuant to section 3 of the Substitute Decisions Act, 1992, S.O. 1992, c. 30 (the…
Animo Revocandi – The Presumption of Revocation
Animo Revocandi is a Latin term which means the intention to revoke. It is the state of…
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…
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…
Costs in Guardianship Applications
Guardianship applications are often commenced out of necessity. Some examples of when and why a guardianship application…
Interpretation of Wills & The Armchair Rule
The Court is often asked to render a decision regarding a dispute related to the interpretation of…
Navigating Limitation Periods in Estate Litigation
Estate litigation in Ontario, Canada, is a complex legal realm that deals with various disputes related to…
What Exactly Is Estate Litigation?
Estate litigation is a specialized area of law that deals with disputes arising from the administration of…