Hull on Estates

In this episode of Hull on Estates, Stuart Clark and Filbert Yung discuss Boyle v. Boyle, 2026 ONSC 4919, a recent Ontario decision that discusses what happens when a testator starts changing his will with handwritten notes and markings. Join us as we unpack the court's reasoning on curative provisions for non-compliant testamentary writings and what this means for estate planning and administrati...

This week on Hull on Estates, Doreen So and Kagan Acar discuss R. v. Konashewych, 2026 ONCA 497, in which the Ontario Court of Appeal upheld the fraud convictions of a police officer and an employee of the Office of the Public Guardian and Trustee who produced a fabricated will and pushed it through the probate process to transfer a vulnerable adult's estate to a fraudulent beneficiary. The episod...

In this episode of Hull on Estates, Natalia Angelini and Yalda Mostafaie discuss Smith v. Bechtel Estate, in which the Ontario Superior Court of Justice considered whether an unsigned draft will could be validated under section 21.1 of the Succession Law Reform Act. The episode explores the distinction between a deceased's expressed wishes and final testamentary intentions, and the Court's refusal...

In this, our 750th episode of Hull on Estates, Jonathon Kappy and Sofie Hector discuss Kunka Estate v. Giasson, 2026 ONSC 1842, a recent Ontario decision that provides important guidance on the application of the presumption of resulting trust to registered accounts with beneficiary designations. Join us as we unpack the Court's reasoning and the implications for estate planning and estate litigat...

This week on Hull on Estates, Nick Esterbauer and Mark Debono discuss the HELP-M Toolkit: Identifying and Responding to Family Violence and Power Imbalances in Mediative Approaches, some of its principles, and its application to mediation in estate litigation context. For more information, please refer to the Hull & Hull LLP blog post on this topic.

In this episode of Hull on Estates, Stuart Clark and Mandana Niknejad discuss the Ontario Superior Court's decision in Roberts v. Cowie and the evolving law surrounding limitation periods in will challenges. The discussion explores the distinction between probate proceedings and civil claims, the concepts of declaratory and consequential relief, and how Roberts v. Cowie may create a narrow pathway...

This week on Hull and Estates, Doreen So and Li-Mei Mayer discuss the recent court of appeal decision 1086289 Ontario Inc. (Urban Electrical Contractors) v. Welland (City), 2026 ONCA 352, which overhauled the Handley Estate rule governing the disclosure of partial settlement agreements in multi-party litigation. 1086289 Ontario Inc. (Urban Electrical Contractors) v. Welland (City), 2026 ONCA 352

On this week's episode, Natalia Angelini and Jordyn Sanford examine Ahluwalia v. Ahluwalia and the Supreme Court's recognition of the new tort of intimate partner violence (IPV). The discussion reviews the Court's three-part test and highlights the evidentiary and conceptual challenges associated with proving the third element, coercive control. The principal focus is on the decision's implication...

In this episode of Hull on Estates, Jonathon Kappy and Jordan Sarah Head discuss when an apparent financial interest is sufficient to confer standing in estate proceedings, focusing on Will challenges and passings of accounts. They discuss Toronto-Dominion Bank v. Witoszkin, 2024 ONSC 921, to consider whether "moral watchdogs" have any standing in estate litigation.

In this episode of Hull on Estates, Nick Esterbauer and Osama Saleemi discuss D.R. v. A.R., 2026 ONSC 796, a recent decision of the Ontario Superior Court of Justice addressing guardianship of property under the Substitute Decisions Act, 1992, and when less restrictive options might be more appropriate. Case reference: D.R. v. A.R., 2026 ONSC 796 (CanLII),

In this episode of Hull on Estates, Stuart Clark and Filbert Yung discuss the rule against perpetuities as applied in Ottawa (City) v. ClubLink Corporation ULC 2021 ONCA 847 and 2025 ONCA 34. A medieval doctrine and long-standing source of anxiety for lawyers, the rule against perpetuities is brought sharply into focus with these decisions. Stuart and Filbert discuss the complex factual background...

In this episode of Hull on Estates, Doreen So and Yalda Mostafaie discuss Estate of Sydney Monteith, 2023 ONSC 7246, in which the Ontario Superior Court of Justice considered whether a fostered but non‑adopted child could inherit on an intestacy. The episode examines the interaction between the Succession Law Reform Act and the Children's Law Reform Act, and the Court's strict statutory approach t...

This week on Hull on Estates, Natalia Angelini and Sofie Hector discuss Hernandez v. Hernandez, 2026 ONSC 1136, where the Ontario Superior Court of Justice awarded costs against a party who was successful on the legal issue before the Court, emphasizing that relative success does not shield a litigant from adverse cost consequences where their conduct undermines proportionality and the efficient a...

This week on Hull on Estates, Jonathan Kappy and Osama Saleemi discuss the passing of accounts in estate, trust, and fiduciary matters, with a particular focus on how the process can be used creatively beyond its traditional retrospective function. The episode examines the limits of passing accounts, the court's role in reviewing fiduciary conduct, and how trustees and other fiduciaries may use th...

This week on Hull on Estates, Nick Esterbauer and Li‑Mei Mayer discuss key considerations in guardianship matters, including the presumption of capacity, professional responsibilities when capacity is in issue, individual autonomy, and the termination of guardianship. These concepts are examined in context through the decision in Ying (Cindy) Zheng v. Long Zheng, 2012 ONSC 3045.

This week on Hull on Estates, Stuart Clark and Mark Debono discuss Gebremariam v. Menghesha, 2026 ONSC 545, where the Court exercised its power under section 21.1 of theSuccession Law Reform Act to validate a testamentary document that was electronically written, unsigned, and unwitnessed, in light of the section's apparent prohibition of electronic Wills.

This week on Hull on Estates, Doreen So and Mandana Niknejad discuss the Civil Rules Review Committee's Final Policy Report on the proposed changes to the Rules of Civil Procedure, focusing on their impact on estates proceedings and comparing the current model with the proposed framework, while sharing their hopes and concerns for the road ahead.

In this episode of Hull on Estates, Natalia Angelini and Jordan Sarah Head examine parentage disputes over intestate estates under the Succession Law Reform Act. They discuss how competing definitions of who qualifies as a "child" often lead to litigation, how DNA testing can streamline resolution, and how procedural, evidentiary, and familial considerations frequently complicate these proceedings...

In this episode Jordyn Sanford and Jonathon Kappy follow the escalation of a show-cause hearing in Ko v. Li arising from AI‑generated "authorities" embedded in a factum. We discuss the initial show‑cause order and the Court's emphasis on counsel's duties to verify citations, supervise staff, and use technology responsibly. We then cover the initial purging of contempt and the significance of the R...

This week on Hull on Estates, Doreen So and Geoffrey Sculthorpe discuss what it means to have the capacity to make life-changing decisions, especially when illness clouds the mind. In this episode, they dive into the landmark Ontario case of Calvert (litigation guardian of) v. Calvert, 1997 CanLII 12096 (ON SC), where Mrs. Calvert's ability to separate from and divorce her husband was fiercely con...

This week on Hull on Estates, Stuart Clark and Mark Debono discuss Mayer v. Rubin, 2017 ONSC 3498 where the Court exercised its inherent jurisdiction to appoint an Estate Trustee During Litigation, which is distinct from the conventional statutory authority relied upon to appoint an Estate Trustee During Litigation.

This week on Hull on Estates, Natalia Angelini and Darien Murray discuss the decision of Watson v Lopes, 2025 ONSC 5934, where the Ontario Superior Court awarded a common-law spouse a lump-sum amount in dependant's support based on the deceased's moral obligation, despite being unable to conclude he could not support himself.

In this episode of Hull on Estates, Jonathon Kappy and Boris Eng dive into the often-overlooked versatility of Applications for Directions under Rule 75.06. After outlining their traditional role in estate litigation, they explore some of the stranger and more creative ways these applications have been used — from seeking access to solicitor's files to resolving unexpected procedural or evidentiar...

This week on Hull on Estates, Nick Esterbauer and Geoffrey Sculthorpe preview the 11th Annual Family Dispute Resolution Institute of Ontario (FDRIO) Conference, "The FDR Toolbox: Equipping Professionals for a Changing World," set to take place on November 6, 2025, at the Ismaili Centre in Toronto. Sponsored by Hull & Hull LLP, the conference is expected to deliver tools and insights for a wide ran...

This week on Hull on Estates, Doreen So and Aaron Chan discuss the decision of Klemensiewicz v. Klemens et al, 2025 ONSC 4603, a case involving two issues: whether (1) monies given by a father to his children for the purchase of real property was held on resulting or constructive trust and (2) s. 4 of the Real Property Limitations Act applied so as to stay the application.