Hull on Estates

Today on Hull on Estates, Paul Trudelle and Doreen So discuss expert witnesses and the gatekeeper role of the trial judge in the Court of Appeal decision in Bruff-Murphy v. Gunawardena, 2017 ONCA 502.

Today on Hull on Estates, Ian Hull and Rebecca Rauws discuss the recent Court of Appeal decision in Vanier v Vanier, 2017 ONCA 561, including the different tests for undue influence and the practice of assessing undue influence by capacity assessors.

Today on Hull on Estates, Natalia Angelini and Umair Abdul Qadir discuss Justice Myer's recent decision in Mayer v Rubin, 2017 ONSC 3498, regarding the Court's discretion to appoint an Estate Trustee During Litigation.

Today on Hull on Estates, Jonathon Kappy and Noah Weisberg discuss the decision on Ghor and Steele and specifically when an attorney can be compelled to account. Should you have any questions, please email us at webmaster@hullandhull.com or leave a comment on our blog.

Today on Hull on Estates, Ian M. Hull and Doreen So discuss the recent Court of Appeal decision in Levesque v. Crampton Estate, 2017 ONCA 455, and the two-year, from death, limitation in section 38 of the Trustee Act.

Today on Hull on Estates, Suzana Popovic-Montag and Umair Abdul Qadir discuss the recent decision of the Honourable Justice McNamara in Shaw v Barber, 2017 ONSC 2155, regarding the tolling of the limitation period for dependant's relief claims under Part V of the Succession Law Reform Act when the Office of the Public Guardian and Trustee is acting as the statutory guardian for an incapable person...

Today on Hull on Estates, Ian Hull and Paul Trudelle discuss removing opposing counsel as lawyers of record, and the decisions of Moad v. Shepherd, 2017 ABQB 330 (CanLII) and McKeller Estate v. Powell 1996 CarswellOnt 642.

This week on Hull on Estates, Ian Hull discusses the role of the Estate Trustee During Litigation and the impact of case law over the last 50 years.

This week on Hull on Estates, Ian and Noah discuss the importance of prudent investment by a trustee in light of the decision in Mowry v Groome.

This week on Hull on Estates, Natalia Angelini and Rebecca Rauws discuss what can happen when two people die at the same time, and some drafting tips to avoid issues in this regard. 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, Jonathon Kappy and Doreen So discuss the costs decision in the Pochopsky Estate and whether it is pragmatic to pursue an application to pass accounts in certain circumstances.

This week on Hull on Estates, Natalia Angelini and Nick Esterbauer discuss the law relating to consent to the posthumous use of reproductive materials, the British Columbia Supreme Court's decision in K.L.W. v. Genesis Fertility Centre, and estate planning considerations when dealing with clients who have stored or donated reproductive materials.

This week on Hull on Estates, Ian Hull discusses the various areas of interplay between trust law and family law.

This week on Hull on Estates, Natalia Angelini and Stuart Clark discuss options that may be available to help protect a trustee when drafting a Will or Trust.

This week on Hull on Estates, Paul Trudelle and Noah Weisberg discuss the Law Commission of Ontario's Final Report on legal capacity, decision-making and guardianship in Ontario.

This week on Hull on Estates, David Smith and Rebecca Rauws discuss the rectification of Wills, including the criteria that the Court will consider in determining whether it can rectify a Will.

This week on Hull on Estates, Ian Hull and Doreen So discuss the reasons for judgment in Birtzu v. McCron, 2017 ONSC, 1420, and the finding that the Plaintiffs were statute barred in this will challenge.

This week on Hull on Estates, Jonathon Kappy and Stuart Clark discuss the powers entrusted to a Power of Attorney for Property, including whether they may give gifts on behalf of an incapable person.

This week on Hull on Estates, Natalia Angelini and Nick Esterbauer discuss the recent decision of the British Columbia Court of Appeal in Johnston v Johnston Estate, 2017 BCCA 59, and the limitations of the duty owed by a drafting solicitor to disappointed beneficiaries.

This week on Hull on Estates, Paul Trudelle and Umair Abdul Qadir discuss recent amendments to the definition of "spouse" under Part V of the Succession Law Reform Act, and the implications for former and divorced spouses. For more on this topic, read our associate Stuart Clark's recent blog post on the amendments.

This week on Hull on Estates, David Smith and Lisa Haseley discuss a recent decision of the British Columbia Supreme Court, Rosinski v British Columbia (Public Guardian and Trustee), 2016 BCSC 1204

This week on Hull on Estates, Jonathon Kappy and Rebecca Rauws discuss the purchase of estate assets by an estate trustee, and some steps that should be taken in the event of a purchase to ensure compliance with fiduciary obligations.

This week on Hull on Estates, Ian Hull and Doreen So discuss injunctive relief and certificate of pending litigation in the case of Jaworski Estate v. Ricci, 2016 ONSC 3369.

This week on Hull on Estates, Natalia Angelini and Noah Weisberg discuss the applicability of limitation periods to power of attorney accounting in the case of Armitage v The Salvation Army.

This week on Hull on Estates Paul Trudelle and Lisa Haseley discuss tolling of limitation periods and the recent Ontario Court of Appeal decision Roulston v McKenny, 2017 ONCA 9