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Tag Archives: Estate

“Death Row Dinners” – Bad Taste?

Posted in In the News
A London “pop-up” restaurant planned to recreate and sell dinners requested by death row prisoners as their last meal.  However, criticism lead to the event’s possible cancellation before it was even held. According to the organizers, the event was to serve “a five course feast of their culinary twists on some of death rows [sic] … Continue Reading

UPDATE: Cowderoy v. Sorkos Estate Revisited Revisited

Posted in Estate & Trust, Hull on Estate and Succession Planning
On September 7, 2012, we blogged on the trial decision of Cowderoy v. Sorkos Estate.  At trial, the court found that the deceased had repeatedly promised his step-grandchildren his farm and two cottage properties.  Applying the doctrine of proprietary estoppel, the trial judge ordered that the promised properties be conveyed to the grandchildren. This had … Continue Reading

When It Comes To Costs, Location Matters

Posted in Litigation
In recent costs ruling, a Kingston court considered a claim for costs by out-of-town counsel.  The court concluded that the losing party should only pay costs based on what local counsel would charge. The issue on the motion was the removal of plaintiffs’ counsel due to an alleged conflict.  As the matter could not be … Continue Reading

Canadian Alzheimer’s Study Finds Gene That Delays Onset of Alzheimer’s

Posted in Capacity, In the News
An exciting recent Canadian study has found a genetic variation that delays the onset of Alzheimer’s by as much as four years. The study, undertaken by Judes Poirier and his team at the Douglas Mental Health University Institute and McGill University in Montreal, found a variant of a cholesterol-regulating gene which can delay the onset … Continue Reading

Q. When Can A Letter Be A Will?

Posted in Wills
A.         When it contains “a deliberate or fixed and final expression of intention as to the disposal of property upon death”. This question, its answer, and the application of the answer to particular facts was considered in Casavechia Estate (Re), 2014 NSSC 73 (CanLII). There, the deceased died on September 1, 2012. He died … Continue Reading

Facing Dementia

Posted in Elder Law
I recently came across a website created by Alzheimer’s Research UK that provides simulated insight into the real effects of Alzheimer’s disease. In its application, Alzheimer’s Research UK harnesses “the power of Facebook to illustrate some of the symptoms experienced by the 820,000 people in the UK affected by dementia”. According to the Alzheimer Society … Continue Reading

International Children’s Memorial Place

Posted in General Interest
  Prince Edward Island is the home of the International Children’s Memorial Place (“ICMP”). The mission of the ICMP is to promote and foster the health and well-being of individuals and families who grieve for the physical and emotional loss of a child. ICMP operates a beautiful 12 acre park dedicated to the memory of … Continue Reading

“Ordinarily Occupied” When Not Occupied

Posted in Litigation
Yesterday, I blogged on a case that considered whether a cottage could be considered a second “matrimonial home” for equalization purposes under the Family Law Act. Today, I would like to consider a case that addresses whether a home that was vacated by a claimant prior to the spouse’s death could be considered to be a … Continue Reading

Intention Matters: Matrimonial Homes

Posted in Litigation
At a recent Trusts and Estates Brown Bag Lunch (held on the third Tuesday of most months at various locations: see the OBA web page, here), we discussed the case of Egan v. Burton, 2013 ONSC 3063 (CanLII). There, in the context of a family law proceeding, the issue was whether a cottage was a … Continue Reading

Hull on Estates #347 – Application or Action?

Posted in Hull on Estates, PODCASTS / AUDIO, Show Notes, Show Notes
Listen to: Hull on Estates Episode #347 – Application or Action? Today on Hull on Estates, Moira Visoiu and Jonathon Kappy discuss when an application should be converted to an action. If you have any questions, please email us at hull.lawyers@gmail.com or leave a comment on our blog page. Click here for more information on … Continue Reading

Hull on Estates #346 – Stepping Down as an Estate Trustee

Posted in Hull on Estates, PODCASTS / AUDIO, Show Notes, Show Notes, Trustees
Listen to: Hull on Estates Episode #346 – Stepping Down as an Estate Trustee Today on Hull on Estates, Paul Trudelle and Stuart Clark discuss the resignation, retirement and renunciation of executors and trustees. If you have any questions, please email us at hull.lawyers@gmail.com or leave a comment on our blog page. Click here for … Continue Reading

Bequests to Witnesses Void

Posted in Litigation, Wills
Several years ago, my neighbour asked me to witness the execution of his will. I was glad to help, but at the same time, a little disappointed. This is because of s. 12(1) of the Succession Law Reform Act. This section provides that, in effect, a bequest to a witness, the witness’s spouse, or a person claiming … Continue Reading

Renunciation, Resignation, Passing Over And Removal of Estate Trustees

Posted in Executors and Trustees, Litigation
A recent decision of the Ontario Court of Appeal, Chambers Estate v. Chambers, 2013 ONCA 511, deals with the concepts of renunciation, resignation, removal and passing over of an estate trustee, and the sometimes subtle distinctions amongst the concepts. There, a “renunciation” is defined as the “formal act whereby an executor entitled to a grant of probate … Continue Reading

Ruling on the Issue of Three Parents

Posted in Litigation
In the case of H. v. R., R is the biological father of a child conceived with a lesbian friend, and H is R’s former same-sex partner. R and H’s relationship ended in 2006, when the child was three years old, and there were unfortunately no written arrangements in place with respect to H’s role … Continue Reading

Hull on Estates #337 – Bankrupt Estates

Posted in Hull on Estates, PODCASTS / AUDIO, Show Notes, Show Notes
Listen to: Hull on Estates Episode #337 – Bankrupt Estates Today on Hull on Estates, Holly LeValliant and Natalia Angelini discuss what happens to a home held in joint-tenancy when, after death, the deceased individual’s estate is pushed into bankruptcy. If you have any questions, please email us at hull.lawyers@gmail.com or leave a comment on … Continue Reading

Another Battle for End of Life Decision-Making

Posted in Litigation
Many estate practitioners are familiar with the Rasouli case, which we have blogged and podcasted on in the past.   In that case, the Ontario Court of Appeal upheld a decision of the Superior Court of Justice that doctors must get approval from the Consent and Capacity Board in circumstances where their decision to withdraw life-support treatment … Continue Reading

He Said What?

Posted in Litigation
  Slang plays a large part in our daily lives. Keeping up with slang expressions can be a near impossible task. However, thanks to the Urban Dictionary website, that task is an easier one. Urban Dictionary, started in 1999, is a “crowdsourced” collection of slang. Readers can submit slang words and definitions, and other readers can “vote” … Continue Reading

Hull on Estates #327 – Tips for Young Advocates

Posted in Hull on Estates, PODCASTS / AUDIO, Show Notes, Show Notes
Listen to: Hull on Estates #327 – Tips for Young Advocates Today on Hull on Estates, Paul Trudelle and Jonathon Kappy discuss a recent article in the March 2013 issue of The Advocates’ Journal titled “Judges’ Tips for Young Advocates” by Gillian Kerr. If you have any questions, please e-mail us at hull.lawyers@gmail.com or leave … Continue Reading

Hull on Estates Episode #325 – Top Cases of 2012

Posted in Hull on Estates, PODCASTS / AUDIO, Show Notes, Show Notes
 Listen to: Hull on Estates #325 – Top Cases of 2012 Today on Hull on Estates, Stuart Clark and Natalia Angelini discuss two of the most interesting cases of 2012 – Rasouli v. Sunnybrook Health Services Centre and another case dealing with proprietary estoppel. If you have any questions, please email us at hull.lawyers@gmail.com or … Continue Reading
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