Hull on Estates

This week on Hull on Estates, Jonathon Kappy and Doug Higgins discuss the history and application of mutual will agreements – as well as some considerations for individuals and solicitors considering the use of this unique estate planning mechanism.

This week on Hull on Estates, Nick Esterbauer and Darien Murray explore the evolving role of AI tools in the legal industry. They discuss real-world application, risks to consider, and AI's day-to-day impact in the legal profession. The link to the LSO resource centre on using technology and artificial intelligence is: https://lso.ca/lawyers/technology-resource-centre/practice-resources-and-suppor...

This week on Hull on Estates, Boris Eng sits down with Sydney Osmar to explore collaborative law, a new form of alternative dispute resolution making its way into estate law. Discover how this innovative approach can help reduce costs, preserve family relationships, and avoid the adversarial nature of traditional litigation.

This week on Hull on Estates, Doreen So and Aaron Chan discuss the decision of Panchyshyn v. Pietron, 2025 ONSC 2324, a case involving the Court's exercise of its inherent jurisdiction to appoint interim executors and trustees in circumstances where an estate trustee requires a temporary leave of absence for health reasons. Panchyshyn v. Pietron, 2025 ONSC 2324 https://canlii.ca/t/kbl06

This week on Hull on Estates, Stuart Clark and Aleida Prinzen discuss the Ontario Court of Appeal decision of Beirat v. Khiyal, 2024 ONCA 790, where the Court examines the issue of standing as it relates to claims being brought on behalf of an estate. See also David M. Smith's recent blog on the case here. Beirat v. Khiyal, 2024 ONCA 790 (CanLII), https://canlii.ca/t/k7k5x

This week on Hull on Estates, join Natalia Angelini and Shawnee Matinnia as they explore Balkinsson v. Sandy, a case where a mother's attempt to reclaim gifted property was thwarted by her own text messages.

In this podcast, Jonathan Kappy and Ruth Aruliah discuss the Saskatchewan case of Haines v Kuffner Estate, which explored whether the proposed will was a valid testamentary document despite it not being executed in complete compliance with the formal requirements of The Wills Act and whether the same outcome would occur if this were done in Ontario.

This week on Hull on Estates, Nick Esterbauer and Megan Zanette discuss the possible legal and practical impact of probate, once granted, and the recent decision of Cooke Family Trust et al. v. Dioguardi et al., 2025 ONSC 370.

In this podcast, Doreen So and Mark Lahn discuss the case of Hotner et al v. Norman, which involves a daughter who depleted her elderly mother's estate while acting as her caregiver. Doreen and Mark examine the case and discuss the intersection of family caregiving, fiduciary duties, and the remedies available where vulnerable individuals experience financial exploitation.

This week on Hull on Estates, Stuart Clark and Aleida Prinzen discuss the recent Ontario Court of Appeal decision of Jackson v. Rosenberg, 2025 ONCA 48, which deals with joint tenancy, the presumption of resulting trust, and the implications of severing a joint tenancy during the transferor's lifetime. Jackson v. Rosenberg, 2025 ONCA 48 (CanLII), https://canlii.ca/t/k90bm

In this podcast, Natalia Angelini and Grey Wen discuss the case Tessaro v. Gora and the ultimate limitation period of 15 years which applies to negligence claims against will draft from the date of the act or omission, the negligent drafting – not from the date of death.

This week on Hull on Estates, Jonathon Kappy and Boris Eng discuss the intricacies of consent judgments and their interpretation through the lens of a pivotal Ontario Court of Appeal case. Discover how contractual principles shape legal outcomes and ensure clarity in court-approved agreements.

This week on of Hull on Estates, Nick Esterbauer and Mandana Niknejad discuss the Law Society of Ontario's new requirement, effective January 1, 2025, for all lawyers in private practice to implement a client contingency plan. Nick and Mandana discuss what this means, explore approaches to effectively address the new requirement, and review some of the resources available through the Law Society's...

In today's podcast, Sydney Osmar and Sumit Malhotra discuss client capacity concerns and review the recent helpful guide released by the Law Society of Ontario.

This week on Hull on Estates, Doreen So and Doug Higgins further discuss the decision of Gomes v. Da Silva, 2024 ONCA 792 as part of our recent series of discussions regarding the confluence of different statutory limitations periods, and how limitations statutes are being considered in Ontario. Gomes v. Da Silva, 2024 ONCA 792 https://canlii.ca/t/k7jkb

This week on Hull on Estates, Stuart Clark and Aaron Chan discuss the decision of Gomes v. Da Silva, 2024 ONCA 792, a case that concerns the 10-year limitation period under s. 4 of the Real Property Limitations Act. Gomes v. Da Silva, 2024 ONCA 792 (CanLII), https://canlii.ca/t/k7jkb

In today's podcast Sydney Osmar and James Macfarlane discuss a recent decision out of the BC Supreme Court, Lam v Law Estate, where the court utilized its discretion under s. 60 of the Wills Estates and Succession Act to vary a gender-biased Will. Sydney and James use the decision as a springboard to discuss the differing legal frameworks in Ontario and BC regarding Will Challenges.

This Week on Hull on Estates, Jonathon Kappy and Darien Murray follow up on the conversation started by Natalia Angelini and Diana McBey in Episode 701 where they discussed the Ontario Court of Appeal's decision in Ingram v Kulynych Estate. Jonathon and Darien examine the evolution of the law surrounding limitation periods that set the stage for this decision. Source: Ingram v Kulynych Estate, 202...

In this episode, Nick and Ruth discuss the practical issues in Guardianship appointments and some of the considerations a family needs to take into account to be successful now and in the future.

In this week's episode, Natalia and Diana discuss Ontario Court of Appeals case Ingram v. Kulynych Estate, 2024 ONCA 678 (CanLII).

This week on Hull on Estates, Doreen So and Sara Racicot discuss Justice Dietrich's decision from the Ontario Superior Court of Justice titled Spisak v. Spisak. The decision offers an in-depth examination of the fiduciary duties owed by an executor to the estate and its beneficiaries, along with the serious consequences that arise from any breach of these responsibilities. Spisak v. Spisak, 2023 O...

This week on Hull on Estates, Stuart Clark and Geoffrey Sculthorpe discuss the recent decision of Kulyk v. Kulyk, pertaining to how the courts may deal with the unauthorized occupation of an Estate property, and the power the Estate Trustee has to sell Estate properties, including how the Estate Trustee derives their power from the testamentary instrument rather than from probate process. Kulyk v....

On this episode of the podcast, Natalia Angelini and Grey Wen discuss the recent decision by the name Drennan v. Drennan. Drennan v. Drennan, 2024 ONSC 3905 (CanLII) https://www.canlii.org/en/on/onsc/doc/2024/2024onsc3905/2024onsc3905.html

This week on Hull on Estates, Jonathon Kappy and Shawnee Matinnia discuss the recent decision of Kacin v Kacin, pertaining to lost Wills, productions, and Estate Trustees during litigation.

This week on Hull on Estates, Nick Esterbauer and Megan Zanette discuss the benefits of incapacity planning, with a specific focus on Continuing Powers of Attorney for Property and the process and costs involved with Guardianship Applications.