This week on Hull on Estates, David Morgan Smith and Saman Jaffery discuss a recent decision by the Ontario Court of Appeal in Hansen Estate v. Hansen, 2012 ONCA 112.  Specifically, they discuss the methods for severing a joint tenancy and focus on what constitutes a 'course of dealing' sufficient to sever a joint tenancy in property. 

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This week on Hull on Estates, David Morgan Smith and Nadia Harasymowycz discuss Solicitor-Client Privilege. They touch on the importance of lawyers’ notes relating to Estate Litigation, and reference the recent Nortel Fraud Trial, which can be found here. 

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This week on Hull on Estates, Paul Trudelle and Moira Visoiu discuss a recent paper from the Six Minute Estates Lawyer, put on by the Law Society of Upper Canada, April 24, 2012. More specifically, they discuss the Common Law Rule in Saunders v. Vautier.

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This week on Hull on Estates David Smith and Holly LeValliant discuss case law and a recent paper written by Suzana Popovic-Montag and Stuart Clark on interim relief claims. 

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This week, Saman Jaffery and David Morgan Smith discuss the recent Supreme Court decision in Fundy Settlement v. Canada (a.k.a. St. Michael Trust Corp. or Garron Family Trust) which confirms that the “central management and control” test used to determine the residence of corporations also applies to the determination of the residence of trusts for tax purposes .

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This week on Hull on Estates, Paul Trudelle and Nadia Harasymowycz discuss whether or not estates can pursue charter claims. Specifically, they discuss Grant v. Winnipeg Regional Health Authority and a blog post written by Diane Vieira titled, "An Estate Cannot Pursue Charter Claims."

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This week, Natalia Angelini and Moira Visoiu discuss changes in the Alberta Wills and Succession Act. All changes can be found here. 

Additionally, Moira and Natalia reference a blog written by Saman Jaffery, which can be found on our blog page.

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This week, David Morgan Smith and Holly LeValliant discuss Joint Tenancies. More specifically, they deal with real properties and the severance of joint tenancies. David and Holly also make reference to an article written by Jordan Atin called "Severance of Joint Tenancies."

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This week on Hull on Estates, Paul Trudelle and Saman Jaffery discuss will challenges and the validity of Holograph Wills according to The Formal Requirements of the Succession Law Reform Act. Specifically they discuss Laframboise v. Laframboise as well as determining Testamentary Capacity.

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This week on Hull on Estates, Natalia Angelini and Nadia Harasymowycz discuss DNA and parental obligations. To illustrate, they refer to Proulx v. Kelly, s. 8 and s. 10 of the Children's Law Reform Act, and two previous blog posts found here and here. 

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This week on Hull on Estates, David Smith and Moira Visoiu discuss the challenge of detecting undue influence. They define the term, discuss a change to section 52 of the Wills, Estates and Succession Act in British Columbia, and reference an illustrative case of Vout v. Hay.

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This week on Hull on Estates, Natalia Angelini and Saman Jaffery talk about a paper by The Honourable Mr. Justice Joseph W. Quinn. The paper, A Judge's View: Things Lawyers Do to Annoy Judges; Things They Do to Impress Judges, discusses things like correctly estimating the time of a trial or long motion, understanding the “geography” of the courtroom, and using consistent terminology throughout an order. The paper can be accessed here.

If you have any comments or questions, then please send us an email at hull.lawyers@gmail.com or leave use a comment on our blog.

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This week on Hull on Estates, Paul Trudelle and Holly LeValliant discuss what is required to prove a common law relationship. The courts take a liberal approach to determining whether a relationship is common law. 

The general factors used to assess the relationship are shelter, sexual and personal behavior, services, social, societal, support and children. Paul and Holly reference two cases in the podcast: Molodowich v. Penttinen and Perkovic v. McClyment.  

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This week on Hull on Estates, David Smith discusses the issue of disclaimer. Specifically, David references a case that illustrates the difficulties that may arise when siblings try to alter the state of affairs established by a parent who has since become incapable.  

If you have any questions, then please leave us a comment. You can email us at hull.lawyers@gmail.com or visit our blog.

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This week on Hull on Estates, Natalia Angelini and Moira Visoiu discuss two recent decisions from the Ontario Superior Courts of Justice. Although not estates cases, Ferrara v. Lorenzetti and Koepcke v. Webster include elements that are important for estates planning solicitors.

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This week on Hull on Estates David Smith and Holly LeValliant discuss creative claims that can be asserted against real property in the estates context. Specifically, they discuss the role for creative counsel to play in developing an argument to assist individuals who are not on the title of a property, but who still have a claim in equity to the property.

Please send us an email at hull.lawyers@gmail.com if you have any questions. You can also leave us a comment on our blog.

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This week on Hull on Estates, Paul Trudelle and Nadia Harasymowycz discuss representing individuals with mental illness. More specifically, they refer to an article in Briefly Speaking and reinforce the importance of overcoming personal prejudices, maintaining confidentiality and respecting a client’s instructions.

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This week on Hull on Estates, Paul Trudelle and Natalia Angelini discuss a decision out of the Ontario Superior Court of Justice that deals with designation of beneficiaries under RRSPs and policies of insurance. The case, Orpin v. Littlechild et al, 2011 ONSC 7695 (CanLII), illustrates how the court determines whether a designation of beneficiaries applies in specific circumstances. 

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This week on Hull on Estates, Paul Trudelle and Saman Jaffery discuss Charitable Giving and Estate Planning.

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This week on Hull on Estates, David Smith and Holly LeValliant discuss the Summary Judgment Rule decision.  More specifically, what is the significance of the decision and whether it will expand the use of summary judgment.

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