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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!
- Fiduciary Relationships Mini-Series Pt. 5: Voluntary, Compelled, Contested, and Non-Contested Passings
A passing of accounts is more than just “formal” or “informal.” Once a fiduciary is before the Court, two further questions determine how the proceeding will actually unfold: who put it in motion, and whether anyone objects. These two classifications have a drastic impact on the course and outcome o … Read more »
- Costs Consequences for Estate Trustees Acting in Their Personal Interests: Buchanan v. Hemingway
Our office previously blogged on the underlying decision in Buchanan v. Hemingway, 2026 ONSC 619[1], concerning the transfer of a “Bush Lot” pursuant to an oral agreement. This decision[2] addresses the subsequent issue of costs and provides an important reminder that estate trustees who litigate in … Read more »
- Morris v. Kawano: Capacity Presumption Not Easily Displaced
In Morris v. Kawano,[1] the Supreme Court of British Columbia had to rule on whether to allow a beneficiary respondent to adjourn an application to propound a will for the opportunity to cross-examine petitioner witnesses. Although not necessarily a binding decision in Ontario, it serves as importan … Read more »
- Update – Growing Professional Obligations Surrounding AI Hallucinations
Just over a year ago, I wrote a blog on artificial intelligence (AI): what it is, what hallucinations are, and what the consequences are for lawyers who fail to fulfil their professional responsibilities.[1] Since then, there have been unexpected developments in one of the cases included in that blo … Read more »
- Resulting Trust Claims: A Reality Check in RBC Life Insurance Company v. Masitch et al.
In RBC Life Insurance Company v. Masitch et al,[1] the Ontario Superior Court of Justice had to grapple with competing case law regarding whether the presumption of a resulting trust applies to life insurance policies. The decision demonstrates how a court might reconcile different common law decisi … Read more »