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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Turning off the Tap: When should an incapable person bear the costs of contested litigation over his or her care?

Historically, a party’s legal costs for estate litigation were generally paid from the estate, rather than by the parties involved. However, the attitude of the court has changed significantly over the past few years. Any party involved in estate litigation can no longer expect that their costs will be paid out of the estate – … Continued

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The Modern Approach to Costs in Estate Litigation

Once upon a time, it was thought that costs in estate litigation could usually be expected to come from the estate.  On the one hand, this gave parties with limited resources access to the machinery of the justice system, knowing that their legal fees were likely to be reimbursed at the end, win or lose.  … Continued

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Heads Up! You’ve got a Deal: Prince v. Nytschyk Estate

In Estates litigation, it is not uncommon for parties to be close to settlement, but are stymied by haggling over the exact terms of the minutes of settlement (or contract) and the delays by the exchange of drafts back and forth, between the parties’ respective lawyers. This begs the question: at what point is the … Continued

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