The Court of Appeals decision made in the 2026 case of Anroope et al v. Naqvi is a lesson in judicial humiliation. The Honourable Madam Justice Cory Gilmore, a highly experienced Judge who regularly sits on the Toronto Estates List, and is no fool, made a decision at the application level. By that, we mean […]
Read More
More and more individuals are looking for assisted reproductive techniques. The question for Will and Estate lawyers is what advice to give and how does this impact a will. The law on this touchy subject is the Assisted Human Reproduction Act , “AHRA” which replaces common law/property law across the country. One can only use […]
Read More
It is not uncommon for an executor to ask all of the beneficiaries of an estate before receiving their inheritance, to sign a full and final release. The concept is the executor is looking for protection and assurance that the beneficiaries will not complain at a later time over the executors handling of the estate. First […]
Read More
Traditionally, one of the standard methods of attacking a Will is claiming suspicious circumstances. This has been expanded to be a basis for attacking Powers of Attorney. Will and Estate Lawyers can look to the 2021 decision of Madam Justice H J Williams in Rudin-Brown et al v. Brown. She applied the suspicious circumstances test […]
Read More
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 […]
Read More
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 […]
Read More
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 […]
Read More
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 […]
Read More
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 […]
Read More
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 […]
Read More
