Hull on Estates

This week, Stuart Clark and Sydney Osmar discuss Kinnear v Kinnear, 2021 ONSC 6539, a recent decision out of the Superior Court of Justice where the Court refused to order the production of the Applicant's medical records in the context of a Will Challenge. Listen here to learn more.

This week on Hull on Estates, Natalia Angelini and Diana Betlej discuss Grant Thornton LLP v. New Brunswick, 2021 SCC 31 (CanLII), and applying the new standard for limitation periods.

This week on Hull on Estates, Doreen So discuss and Fred Tonelli the recent decision of WORSOFF v. MTCC 1168, 2021 ONSC 6493 (CanLII) and its implications regarding the future of in-person litigation, in light of the legal profession's growing comfortability with remote work, as well as the positive effects remote litigation has had for the more effective administration of justice.

This week on Hull on Estates, Jonathon Kappy and Nick Esterbauer discuss the decision of Ryan v Ryan, 2021 NLSC 119, in which the basic principles behind unjust enrichment were applied to impress corporate shares with a constructive trust.

On today's podcast, Paul Trudelle and Juanita Valencia discuss the issue of when a person receiving funds becomes a trustee, as analyzed in Green Light Solutions Corp. v Baker 2021 BCCA 287.

On today's podcast, Stuart Clark and Rebecca Rauws discuss the limited grant under s. 29(3) of the Estates Act as a tool to consider when probate may be delayed, but there is an urgent need to deal with an estate asset. For more information, please check out Stuart's recent blog on this topic here.

In today's podcast, Natalia Angelini and Arielle Di Iulio discuss the recent decision of Bishop Estate v Sheardown, 2021 BCSC 1571 which involves the Court's discretion to validate an unexecuted Will under s.58 of British Columbia's Wills, Estates and Succession Act, S.B.C. 2009, c. 13. For more information on this topic, you can also check out Sanaya Mistry's recent blog.

In today's podcast, Doreen So and Sanaya Mistry discuss the recent decision in Rudin-Brown et al. v. Brown and Brown v. Rudin-Brown et al., 2021 ONSC 336, which examines the admissibility of audio recordings and how they may be used as evidence.

In today's podcast, Jonathon Kappy and Sydney Osmar discuss the recent decision Virey v. Virey, 2021 ONSC 2893 which examines the Court's broad discretion to order an award for support even in cases where the parties may have entered into an agreement to the contrary.

This week, Paul Trudelle and Fred Tonelli discuss the decision and corresponding order in Morrish v Katona ONSC 3805, and review the threshold to challenge a will and compensation due to an examined drafting solicitor and his or her lawyer.

Stuart Clark and Nick Esterbauer discuss the costs decision in Toller James Montague Cranston (Estate of), 2021 ONSC 3704, and review factors that may result in an elevated costs award in passings of accounts.

On today's podcast, Natalia Angelini and Rebecca Rauws discuss a recent article from The Canadian Journal of Psychiatry entitled "Susceptibility to Undue Influence: The Role of the Medical Expert in Estate Litigation". The paper can be accessed online here.

This week on Hull on Estates, Doreen So and Arielle Di Iulio discuss the recent decision of Langrandeur Estate (Re), 2021 ONSC 3447, where the court addresses the validity of a will containing both typewritten and handwritten instructions, and the appointment of an estate trustee in conflict with the estate's potential beneficiaries.

This week on Hull on Estates Jonathon Kappy and Sanaya Mistry discuss the recent decision of Munro v. Thomas, 2021 ONSC 3320, which considers an Estate Trustee's obligation to account for the assets of the Estate and those which may not form part of the Estate.

This week on Hull on Estates Paul Trudelle and Sydney Osmar discuss moral claims for relief under BC's Wills, Estates and Succession Act.

This week on Hull on Estates, Stuart Clark and Kira Domratchev discuss the recent decision of Grove v Simon Dirk Kenworthy-Groen as executor of the estate of William Grove [2021] WASC 70, pertaining to production of preceding Wills and a drafting solicitor's records.

This week on Hull on Estates, Natalia Angelini and Garrett Horrocks discuss the recent Ontario Court of Appeal decision in Carroll v Toronto Dominion Bank, 2021 ONCA 38, pertaining to the issue of standing in trust litigation.

This week on Hull on Estates, Doreen So and Nick Esterbauer discuss Bill 245's proposed addition of Section 21.1 to the Succession Law Reform Act and contemplate the differences between strict compliance, substantial compliance, and will validation provisions. For more information on this and other changes proposed under the Accelerating Access to Justice Act, please see last week's discussion fea...

This week on Hull on Estates, Jonathon Kappy and Rebecca Rauws discuss Bill 245, and the upcoming changes to the law if the Bill is passed. Bill 245 includes, among other things, changes to the Succession Law Reform Act, the Substitute Decisions Act, 1992, and the Children's Law Reform Act.

This week on Hull on Estates, Paul Trudelle and Arielle Di Iulio discuss the test for capacity to instruct counsel and the appointment of litigation guardians in the recent decision of Susan Eng v. Elizabeth Eng, 2021 ONSC 464.

This week on Hull on Estates, Stuart Clark and Jennifer Philpott discuss the unorthodox use of Pecore v. Pecore, 2007 SCC 17, in the recent decisions PGT v. Cherneyko, 2021 ONSC 107, and Calmusky v. Calmusky, 2020 ONSC 1506.

This week on Hull on Estates, Natalia Angelini and Sanaya Mistry discuss the fiduciary duty and obligations of attorneys for property and the recent decision in Public Guardian and Trustee v. Cherneyko et al., 2021 ONSC 107.

This week on Hull on Estates, Jonathon Kappy and Sydney Osmar discuss a recent decision arising out of the British Columbia Court of Appeal which provides a definitive answer on when reproductive material may be used posthumously for the purposes of creating an embryo.

This week on Hull on Estates, Paul Trudelle and Nick Esterbauer review upcoming changes to the Rules of Civil Procedure as set out in O. Reg. 689/20, effective January 1, 2021.

This week on Hull on Estate, Stuart Clark and Garrett Horrocks discuss the distinction between appointing a "litigation guardian" or seeking a "representation order" when dealing with the interests of unborn and unascertained beneficiaries in estate and trust litigation.