Holly LeValliant Speaks at Ontario Bar Association Presentation on Essential Evidence for Estate Litigators

Our partner Holly LeValliant was featured as a speaker at the Ontario Bar Association’s Essential Evidence for Litigators event on April 5.  The event was an opportunity for lawyers working in estate law to hear experts in the field speak about a variety of different issues. Holly’s presentation related to the admissibility of business records … Continued

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Estate Administration Tax: A Taxing Dilemma

It is no surprise that a large proportion of the estate litigation files that we see result from someone who is now incapable or deceased and who waited too long to plan his or her estate, leaving their relatives to deal with the aftermath.  What may be less obvious, however, is that a lot of … Continued

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Will Drafting Errors & Rectification

How do the Courts handle drafting errors in wills? While the general rules is that an individual’s last will and testament may not be overwritten or altered so as to distribute their estate in any manner other than as the testator described in their will, the equitable power of rectification may be employed by a … Continued

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Changes to ODSP: Why both Litigators and Solicitors should be aware of the new Rules

Effective September 1, 2017, Ontario has relaxed some of the asset limits and other rules required for individuals to be eligible for benefits under the Ontario Disability Support Program (“ODSP”).  The changes are generally seen as long overdue, given the ever-rising cost of living and difficult in finding affordable housing (in the GTA especially). The … Continued

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Ontario Court Provides Guidance on Documentary Disclosure

In a recent decision, the Honourable Justice Myers held that the typical Orders Giving Directions that estate litigation lawyers seek to allow the parties to produce documents are ”lengthy, intrusive, expensive documentary collection and investigation proceedings that can last for the better part of a year or more.” What Happened? The background facts in the … Continued

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Excellence in Trusts and Estates Law: Otis v. Otis

In May of this year, several members of our firm had the pleasure of attending the Ontario Bar Association Trusts and Estates Law Section’s year-end dinner, at which the Award of Excellence in Trusts and Estates Law was presented to the Honourable Maurice Cullity, Q.C.  I can think of no more worthy candidate for the … Continued

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Joint? Or Joint and Several?: Important Considerations when Appointing Multiple Attorneys under a Power of Attorney

When deciding to prepare powers of attorney for personal care and property, it is imperative to carefully consider who you want to appoint as your attorney(s). In the event you decide to appoint multiple attorneys, is also important to consider whether you want each of them to be empowered to make decisions separately or if … Continued

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