Not infrequently, we are asked what is wrong with simply downloading from the internet or using a form that someone has purchased at a stationery store. What is wrong with simply doing a Will yourself by writing out your wishes on a piece of paper? The problems are many and it usually boils down to […]
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In the 2021 decision of Virey v. Virey, the court looked at its ability to grant a dependent relief claim even in the face of a full and final divorce judgment and minutes of settlement that stated emphatically that support would end upon the former husband’s death. However, the facts of the case were so […]
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The traditional grounds of attack against a Will are: 1. The Willmaker aka Testator lacked testamentary capacity, in other words, was not mentally well enough to make a will 2. Undue influence, in other words, the Willmaker was coerced, in essence, forced into making a Will against their will 3. A lack of knowledge and […]
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Finding that a person has the mental capacity to marry is curiously a low test to meet. It is less than testamentary capacity, in other words having the mental capacity to make a Will even though it has far-flung implications. I recommend our article of March 2014 titled Predatory Marriage Elder Abuse and the Court’s […]
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In our blog article titled “Revolutionary Changes in the Laws Regarding Wills in Ontario – Part 2, How to Fix a Will After Death”, we already touched upon the dramatic changes that are coming to the law of Wills as of January 1st, 2022. More changes are coming as of that date than have been […]
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It is more often than not that ugly allegations of misconduct are thrown between divorcing parties. Courts are used to these mudslinging matches which are generally given little weight unless particularly on point. Also, the usual place to launch such verbal attacks is within the four corners of the lawsuit. While a judge may penalize […]
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Pursuant to Section 2 of the Estates Act, the office of the local Registrar of the Superior Court of Justice is a place where you may deposit your Will for safekeeping. Rule 74.0 of the Rules of Civil Procedure provides further details of the process by which a Will may be deposited and held by […]
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How does a court interpret a Will when the meaning of the Will is not particularly clear or makes no sense? This issue has been debated by courts for a lengthy period of time. In the recent 2021 Superior Court decision of Justice David Broad in Fletcher v. VanSickle, the guiding principles of the law […]
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Tort law aka civil claims for damages is not a fixed class. An example of a Tort that we are all familiar with is negligence such as when a person is not paying attention and causes you harm in a motor vehicle accident. However, as society and technology moves along Tort law, which is generally […]
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When a lawyer looks at the Province of Ontario’s Parcel Register, one can find an official record of the legal status of any parcel of land in Ontario. Some people take advantage other online services, but those are not legally reliable. There is no substitute for a parcel register operated by the Province of Ontario […]
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