Hull on Estates

This week on Hull on Estates, Natalia Angelini and Nick Esterbauer discuss estate distributions on mistakes of fact and case law that recognizes the obligation of beneficiaries to repay distributions to an estate to cover unanticipated tax liabilities. Episode resource: CIBC Trust v. Bayly Should you have any questions, please email us at webmaster@hullandhull.com, or leave a comment on our blog....

Today on Hull on Estates, Jonathon Kappy and Noah Weisberg discuss the recent Regulations amending the Rules of Civil Procedure including amendments to mediation and updated court forms. Should you have any questions, please email us at webmaster@hullandhull.com, or leave a comment on our blog.

Today on Hull on Estates, Jonathon Kappy and Noah Weisberg discuss the recent Regulations amending the Rules of Civil Procedure including amendments to the authentication and confirmation of estate trustees, and passing of accounts.

Today on Hull on Estates, David M. Smith and Stuart Clark discuss the definition of “spouse” within the meaning of Part V of the Succession Law Reform Act, and the factors that the court will look to in determining whether two parties are common law spouses within the meaning of the Act, with particular attention paid to whether two parties must live under the same roof to be considered common law...

Today on Hull on Estates, Jonathon Kappy and Doreen So discuss The Advocates Society’s Best Practices for Civil Trials and the resources on our new Hull & Hull website. Should you have any questions, please email us at webmaster@hullandhull.com, or leave a comment on our blog.

Today on Hull on Estates, Paul Trudelle and Noah Weisberg discuss the recent Ontario Court of Appeal decision of Mroz v. Mroz, departing from the decision by the Superior Court of Justice, with respect to the application of Pecore in transfers of real property between a parent and their adult child.

This week on Hull on Estates, David M. Smith and Stuart Clark discuss the recent Macleans cover story “The Inheritance Wars”, and the general trends in estate litigation.

This week on Hull on Estates, Jonathon Kappy and Andrea Buncic discuss the recent decision of Moore v. Gatahun, 2015 ONCA 55, and counsels' permissible communications with expert witnesses and disclosure obligations of prior draft expert reports. Should you have any questions, please email us at webmaster@hullandhull.com or leave a comment on our blog.

This week on Hull on Estates, Paul Trudelle and Josh Eisen discuss some issues that can arise in equalization of net family property under the Family Law Act and why it might not be appropriate to elect in favour of equalization even when the spouse receives nothing under the will. Should you have any questions, please email us at webmaster@hullandhull.com or leave a comment on our blog.

This week on Hull on Estates, David Smith and Nick Esterbauer discuss digital legacies and recent developments in social media that may assist not only in sharing digital information and assets with surviving family members or friends, but also in continuing an online presence after death. Should you have any questions, please email us at webmaster@hullandhull.com or leave a comment on our blog.

Today on Hull on Estates, Natalia Angelini and Josh Eisen look at a recent case addressing the requirements under the Substitute Decisions Act for resigning as an attorney under a power of attorney for property and for personal care. In Balacko v. Chepil-Coyle, 2014 ONSC 6931, the Court considered the effectiveness of a disputed resignation where the attorneys imposed a condition that had not been...

Today on Hull on Estates, Jonathon Kappy and Noah Weisberg discuss administration and accounting obligations with respect to digital assets and digital accounts. Although much attention of late has been targeted towards the gathering of these assets, and the determination of the rightful owner, attention must also turn to the inclusion of these assets in administration and accounting. Should you h...

Today on Hull on Estates, Andrea Buncic and Paul Trudelle discuss the recent Superior Court of Justice decision De Cruz Lee v. Lee, 2015 ONSC 2012, and in particular the Costs Endorsement of the Hon. Justice Skarica released recently on March 27, 2015. Should you have any questions, please email us at webmaster@hullandhull.com or leave a comment on our blog page.

This week on Hull on Estates, Moira Visoiu and Josh Eisen discuss a recent article published in the Law Times describing the trend toward the use of advanced computing technology to answer difficult legal questions and how this might be applicable in the context of estate litigation. Should you have any questions, please email us at webmaster@hullandhull.com or leave a comment on our blog.

This week on Hull on Estates, Natalia Angelini and Stuart Clark discuss the recent article from Precedent Magazine outlining the growth of legal services (including estate planning) being offered at locations such as Walmart. Natalia and Stuart also continue the conversation which we have recently been having on our blog regarding the potential positives and negatives of these kinds of services. S...

This week on Hull on Estates, Jonathon Kappy and Doreen So discuss the 411 on Saunders v. Vautier and the jurisdiction of the Court to order a capacity assessment under the Substitute Decisions Act, as well as the Courts of Justice Act in the context of the recent Justice Himel decision in Stoor v. Stoor Estate. Should you have any questions, please email us at webmaster@hullandhull.com or leave a...

This week on Hull on Estates, Paul Trudelle and Nick Esterbauer discuss their experience volunteering with Junior Achievement of Canada and the importance of teaching youth about financial planning. Should you have any questions, please email us at webmaster@hullandhull.com, or leave a comment on our blog page.

Today on Hull on Estates, David Smith and Josh Eisen discuss the new regulation under the Estate Administration Tax Act, 1998 and answer some frequently asked questions about the regulation. Should you have any questions, please email us at webmaster@hullandhull.com, or leave a comment on our blog page.

Today on Hull on Estates, Natalia Angelini and Noah Weisberg discuss the use of foundations, in particular the Toronto Foundation, as a charitable gifting option to consider with individuals who wish to provide to a charity. Should you have any questions, please email us at webmaster@hullandhull.com, or leave a comment on our blog page.

Today on Hull on Estates, Jonathon Kappy and Stuart Clark discuss the recent Parson v. McGovern decision and the circumstances under which a court may compel an Estate Trustee to make an interim distribution to the beneficiaries. Should you have any questions, please email us at webmaster@hullandhull.com, or leave a comment on our blog page.

Today on Hull on Estates, Moira Visoiu and Paul Trudelle discuss an article presented at the OBA entitled Restitution for the Elderly Client, which looks at ways in which the law of Restitution, and the principle of unjust enrichment, can be particularly helpful for elderly clients who seek to recover assets that were transferred inadvertently. Should you have any questions, please email us at web...

Today on Hull on Estates, Andrea Buncic and Noah Weisberg discuss the recent Supreme Court of Canada decision of Carter v. Canada and its relevancy to estate planning issues. Should you have any questions, please email us at webmaster@hullandhull.com or leave a comment on our blog page.

Today on Hull on Estates, Natalia R. Angelini and Doreen So discuss the newly released controversial decision pertaining to Spence v. BMO Trust Company. If you have any questions, please email us at hull.lawyers@gmail.com or leave a comment on our blog page.

Today on Hull on Estates, Noah Weisberg and Paul Trudelle discuss the recent Court of Appeal decision of Heston-Cook v. Schneider and the effects this has on cost awards in estate matters, including blended awards. Noah Weisberg and Paul Trudelle also discuss the Court of Appeal decision of Sawdon Estate v. Sawdon, which applies blended awards. If you have any questions, please email us at hull.la...

If you have any questions, please email us at hull.lawyers@gmail.com or leave a comment on our blog page.