Last blog added on Thursday, January 14th, 2021

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Recent Posts

Below is a preview of the five most recent posts from the blog Wagner Sidlofsky LLP. To read these posts in their entirely or subscribe to future updates from this blog, please visit their website!

  • Honestly Speaking: The Supreme Court Has Expanded the Duty of Good Faith in the Performance of Contracts

    The recent decision of C.M. Callow Inc. v. Zollinger, 2020 SCC 45, by the Supreme Court of Canada, has expanded the duty of good faith in the performance of contracts, by broadening the types of conduct that can lead to a finding of a breach of that duty. The post Honestly Speaking: The Supreme Cour … Read more »

  • Can someone be held liable for the misdeeds of a co-executor?

    There are times when one executor can be held liable for the misdeeds of another. In Cahill v. Cahill the Court dealt with this issue. This educational video highlights whether all estate trustees have a responsibility to fully participate in the administration of the trust and under what circumstan … Read more »

  • Delays in Distribution: What can beneficiaries do?

    There are times where an executor unduly delays in both the administration and distribution of the estate. While a simple estate should be distributed within the first year following the death of the testator, some estates are far more complicated and take a great deal longer. When the executor take … Read more »

  • Suspicious of Undue Influence

    Lawyers are often the first and most important line of defence in ensuring that a client is able to express their testamentary wishes freely in an estate plan and Will. Moreover, a lawyer who does not take reasonable steps to protect his or her client against undue influence may become personally li … Read more »

  • Majority-Rules & Exculpation Clauses

    Majority-Rules Clauses are designed to avoid deadlock in executors’ decision making. Exculpation Clauses seek to protect executors from liability. The purpose of this paper is to examine how these two clauses sometimes, independently or in combination, produce unexpected negative consequences leadin … Read more »