Information About Toronto Estate Litigation Blog
Recent Posts
Below is a preview of the five most recent posts from the blog Toronto Estate Litigation Blog. To read these posts in their entirely or subscribe to future updates from this blog, please visit their website!
- Drennan v. Drennan: The Cost Consequences of “Scorched Earth” Estate Litigation
In Drennan v. Drennan,[1] Justice Myers of the Ontario Superior Court made a $60,000 costs award against the respondents in an application and concluded that their conduct amounted to an abuse of process and resulted in a loss of value to the estate. This case serves as a harsh warning to parties wh … Read more »
- Two- or Ten-Year Limitation Period for Equitable Trust Claims Against Estates? Case Comment on Ingram v Kulynych Estate
On September 12, 2024, the Ontario Court of Appeal released their decision in Ingram v Kulynych Estate.[1] The Court considered which limitation period to apply to a constructive trust claim against an estate: the two-year limitation period under s. 38(3) of the Trustee Act[2] or the ten-year limita … Read more »
- Best to Have Clean Hands When Accusing a Trustee of Delay
In a recent, 2024 Ontario Superior Court of Justice decision, Estate of Angela Sebanc v. Peter Sebanc1, Justice Bloom considers, among others, granting a motion to dismiss ongoing litigation in light of significant delays in proceedings. Facts: Angela Sebanc passed away on February 26, 2017 and was … Read more »
- Court Sanctions Lawyer for Use of Privileged Documents
The Supreme Court of British Columbia highlights the importance of solicitor-client privilege in De Cotiis Estate. The lawyer representing one of the estate’s beneficiaries, made numerous references to privileged documents in various court documents. The deceased’s former lawyer and executor brought … Read more »
- Court of Appeal Upheld Lower Court’s Decision to Rectify a Will
In the recent Court of Appeal decision, Ihnatowych Estate v Ihnatowych, 2024 ONCA 142, the court held that under the common, law, the courts can rectify deficiencies and errors in a Will. The courts should be concerned with a testator’s intentions not being followed because of errors or deficiencies … Read more »