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- When You Act Like an Estate Trustee, the Law May Treat You Like One: Mootrey v. The Toronto-Dominion Bank
Introduction In Mootrey v. The Toronto-Dominion Bank, 2026 ONSC 3534[1], the Ontario Divisional Court dismissed an appeal from a summary judgment requiring an estate to satisfy a deceased guarantor’s indebtedness under a business line of credit. While the underlying debt was relatively straightforwa … Read more »
- Court Approves Cross-Border Management of Settlement Funds for Incapable Adult in Wang v. Safety Insurance Company
Introduction In Wang v. Safety Insurance Company, 2026 ONSC 3237[1], the Ontario Superior Court of Justice approved the settlement of a statutory accident benefits claim brought on behalf of a catastrophically impaired accident victim residing in China. In doing so, the court considered several issu … Read more »
- Rule 7.09 Revisited: Court Declines to Release Minor’s Settlement Funds to Litigation Guardian: Owusu Okyere v. Ramnarine
In Owusu Okyere et al. v. Ramnarine et al.[1], Justice A.P. Ramsay approved a proposed settlement on behalf of an 11-year-old minor plaintiff under Rule 7.08 of the Rules of Civil Procedure.[2] The motion was heard in writing and arose from a motor vehicle accident claim in which the minor advanced … Read more »
- Express Trust Mini-Series Part 4: The Decisional Capacity Necessary for Creation
What level of mental capacity is required to create a valid trust? Despite the central role trusts play in modern wealth and estate planning, Canadian Courts have yet to meaningfully define the precise cognitive threshold required to establish a valid express trust. Introduction Part I and Part II o … Read more »
- Gift of Land Owned by Corporation
1. Introduction The owner of all the shares of a corporation sometimes purports to give assets of the corporation to named beneficiaries in her will. That is impossible because she does not own the assets, the corporation, which is its own legal entity, owns the assets. And so in the past courts typ … Read more »