Estate & Trust

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OVERVIEW

Disputes over the distribution of estates and the exercise of powers of attorney can be some of the most emotional and expensive legal disputes. Our team of estate and trust advocates is experienced in dealing with these cases and ensuring that we quickly analyze the issues and find a path to a resolution to negate both the costs and emotions.   Our goal is to resolve our client’s issues quickly and efficiently, ensuring the best and most expeditious result.

Our clients include individuals and corporations in all types of cases involving estates, trusts and powers of attorney. We also work with executors and estate trustees to help protect them from liability.

As a boutique litigation firm, we have top litigators to represent you if the matter goes to court. As well as litigation, we offer mediation and administration services. 

SERVICES

Our services include:

  • Will challenges and interpretations,
  • defending claims against estate trustees and attorneys, and against the estate,
  • bringing claims on behalf of the estate, estate trustees and attorneys,
  • liability defence for executors and estate trustees
  • removal or substitution of executor or estate trustees,
  • mediation of estates and trusts disputes
  • Estate administration (whether in litigation or not)
  • passing of accounts, and contested passing of accounts,
  • dependants' relief  & guardianships, and
  • powers of attorney.

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PUBLICATIONS

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A estate planning thumb original A gift that doesn’t stand the test of time

The Ontario Court of Appeal addressed issues concerning rights of survivorship and tenants in common in the recent decision Jackson v. Rosenberg, 2024 ONCA 875.

Default Causation And Standard Of Proof For A Hypothetical Pre-Trial Loss

First Published in Advocates Quarterly. This paper addresses whether the same principles regarding the “real and substantial possibility” standard of proof apply to a hypothetical past loss claim as they do to a hypothetical future loss claim, and the interplay between the two standards of proof applicable to hypothetical claims: balance of probabilities for the “but for” causation test, and “real and substantial possibility” for damages.

A costs rules original Improperly sued? Can you recover costs if the action is dismissed? Rule 23.05

In order to protect limitation periods, especially in cases where liability is yet to be determined, there is an obligation on counsel to identify, name, and pursue all parties who may be liable to the plaintiff(s). However, as the discovery process begins, parties often become aware that they have added in a party that will bear no liability to the plaintiff(s). Often, parties are able to consent to a dismissal or discontinuance without costs; however, there are cases in which defendant(s) will not go out without costs. In these cases, parties can move for a ruling under Rule 23.05...