As estate litigation lawyers will know, when a family is in turmoil and they are fighting over a Will even before the willmaker has died, there may be a temptation to secretly record telephone calls and family meetings as evidence to be used at a later time. In the 2021 decision of Madam Justice H J […]
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The applicability of Ontario law to indigenous persons is a complicated one, and the paramount law is the federal Indian Act. The Ontario Estates Act and Estates Administration Tax Act indicate that for a deceased indigenous person ordinarily living off the reserve, Ontario law applies. This is important as to whether or not the province’s […]
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In October of 2025, Justice Fred Myers whom we have quoted and reported on numerous times throughout our blog articles rendered yet another important decision, this time dealing with a side issue of the famous Robinson Huron Treaty litigation. For most people, including this author, this extremely important case which found its way more than […]
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One of the things that your experienced Will and Estate Lawyers will consider is who are you appointing as the executor aka trustee of your Will. The executor is the person that carries out the instructions you set out in your Will. You would think that you had free reign to name anyone that you wanted […]
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We have discussed this concept many times, but because it is such a common factor in people’s lives and estate litigation that it is such a rich source of judicial interpretation. In the 2025 case of Morden v. Niwranski 2025 ONSC 3105 we had a contest between the late husband’s Mr. Lagana’s estate and his […]
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A bond is required to accompany any application for a Certificate of Appointment of Estate Trustee, formally known as probate, when there is no Will or if there is a Will when the person applying to be appointed as estate trustee was not named as an Estate Trustee of the Will, or where the applicant […]
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In one of our blog articles on dependency relief, ( just use the search window ) we talked about the case of Cassan v. Giroux. Dependency relief is the remedy the court offers to dependants, such as a wife, or common law spouse who feels they were not adequately cared for in the deceased’s will. […]
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What if someone who could have been ordered to pay you support, dies and leaves you nothing in their will, or leaves no will at all. When you are an Estate Litigation Lawyers, this is a common situation. A Will and Estates Lawyers must inquire about these factors when drafting a will and power of […]
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The decision by the Ontario Court of Appeal, which upheld the trial decision of Justice Chown in the Stewart Estate v. Stewart 2025 ONCA 575, is a clear lesson that preparing a Will requires the hand of an experienced Wills and Probate Lawyer rather than the casual work by a Jack of all trades lawyer, […]
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The recent case in Bratusa v. Doersam 2025, ONSC 4726, involved a common law spouse and her young daughter seeking support from a Canadian who died in Costa Rica in September of 2024.He and the applicant had lived in Costa Rica for many years. Nonetheless, she brought an action in Ontario asking for dependent relief […]
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