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Below is a preview of the five most recent posts from the blog WEL Blog. To read these posts in their entirely or subscribe to future updates from this blog, please visit their website!
- Vanleyden v. Cleroux: Leave to Bring an Application to Compel a Passing of Accounts Denied
In Vanleyden v. Cleroux[1] , the Court held that the Applicant was not granted leave to bring an application to compel her brother, and attorney for property for their mother/grantor, to pass his accounts for the period of 2011 until her passing in 2021. This case outlines the key considerations the … Read more »
- Interim Succeeding Estate Trustee
1. Introduction Appointing an Interim Succeeding Estate Trustee does not happen regularly, but there are situations in which such an appointment is indicated and, as Farren v Walters et al[1] makes clear, the court has power to make it. 2. Facts The testator, Michael James Farren, died in January 20 … Read more »
- Express Trust Mini-Series Part 2: Beyond the Three Certainties: The Overlooked Elements of Trust Formation
While three certainties are the hallmarks of an express trust, valid creation requires much more. Even where intention, subject matter, and objects are perfectly certain, defects in formality, constitution, proprietary interest, or decisional capacity can render the purposed arrangement void. This e … Read more »
- When the Math Doesn’t Math: Unjust Enrichment in Khelawan v. Bonito
In Khelawan v. Bonito, 2026 ONSC 2281[1], the Ontario Superior Court of Justice considered a dispute between a son and his elderly mother over their respective beneficial interests in a jointly owned home in Scarborough. Background The dispute concerned beneficial ownership of a residential property … Read more »
- Rasner v. Berger: Does Commencing Litigation in One’s Capacity as Estate Trustee Shield from Personal Liability for Costs?
Rasner v. Berger, 2026 BCCA 166 Facts Adele Hurtig died in March 2012 (the “Deceasedâ€� or the “Estateâ€�). The Deceased was survived by her children Mr. Berger and Ms. Spencer and stepdaughter Laurie Rasner (the “Applicantâ€�). In November 2021, the Deceased executed a Last Will and Testament … Read more »