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Recent Posts
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!
- A Failed Attempt to Substitute a Guardian in a Guardianship Application: Francois v. Francois
In the recent decision of Francois v Francois[1], 2025 ONSC 589, the court was faced with an interesting dilemma surrounding an allegedly incapable moving party who sought to vary the appointment of her guardian under a guardianship application. The court dismissed this motion, on the basis that the … Read more »
- Yvette Poirier v. the Estate of Paul Poirier: Court Determines Transfer of Property Invalid with Consideration of Retrospective Capacity Assessments
In Yvette Poirier v. the Estate of Paul Poirier,[1] the court found that a property transfer purportedly made by Yvette Poirier (“Ms. Poirier”) to her son, Paul Poirier (the “Deceased”), was invalid on the grounds that she lacked the requisite decisional capacity to do so. In reaching their conclusi … Read more »
- Evidentiary Threshold Encore
1. Introduction Having just written a blog on Graham v McNally Estate and Blais,[1] a case that concerned the issue of the evidentiary threshold applicants must meet when they attack a will, it seems appropriate to write another blog on the more recent, but similar case, Bobby Gian and Vasiliki (Bes … Read more »
- Evidentiary Threshold for Proof in Solemn Form
1. Introduction Cases continue to consider the requirement imposed on an applicant seeking proof of a will in solemn form to satisfy a minimal evidentiary threshold to permit the application to succeed. Graham v McNally Estate and Blais[1] is a recent example and is worth a look. 2. Facts The testat … Read more »
- Tessaro v. Gora, Ontario Superior Court Confirms 15-Year Limitation Period Applies from Date of Negligent Will Drafting
In the recent decision of Tessaro v. Gora (“Tessaro”),[1] Justice Myers provided clarity on the interpretation and applicability of the ultimate 15-year limitation period to claims made against negligent Will drafting lawyers. Facts In Tessaro, Leopold Rcyzkowksi (“Mr. Ryczkowski”) passed away on Ju … Read more »