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Tag Archives: hull

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 #349 – Pets and Estate Planning

Posted in Hull on Estates, PODCASTS / AUDIO, Show Notes, Show Notes
Listen to: Hull on Estates Episode #349 – Pets and Estate Planning Today on Hull on Estates, Andrea Buncic and Paul Trudelle discuss the importance of giving thought to your pets when planning your estate or drafting your will. If you have any questions, please email us at or leave a comment on our … 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

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 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 or … Continue Reading

Support Your Parents

Posted in Elder Law, Litigation
“You never call”: a common lament of elderly parents aimed at their adult children. Now, it appears that failing to call, or more specifically, to visit your parents in China may result in legal action. According to a recent Toronto Star article, China has recently amended its law on the elderly to require that adult children … Continue Reading

Putting “New” in the New Year

Posted in General Interest, Litigation
Yesterday, I read in the Toronto Star about a couple that resolved last year to make the year a year of “firsts”. They resolved to learn, make or experience 365 new things in 365 days. They blogged about their progress in knocking items off of their bucket list at  Inspired by their story, yesterday I … Continue Reading

Death, Estates and the Past

Posted in In the News, Litigation
A representative of William Faulkner’s estate is suing representatives of Woody Allen’s movie project, “Midnight in Paris” over its use of a quote from Mr. Faulkner. The line, “The past is never dead. It’s not even past”, is taken from Faulkner’s 1950 novel “Requiem for a Nun”. In the movie “Midnight in Paris”, time-travelling Owen Wilson … Continue Reading

Show Me the “Money”

Posted in Estate & Trust, Litigation
In Thiemer Estate, a decision of the B.C. Supreme Court, 2012 BCSC 629 (CanLII), the deceased left an estate having a value of $20m. He left a will that provided for various specific legacies. The will also included a clause that directed the payment of “the balance of any money which I may have at the time … Continue Reading


Posted in General Interest, Litigation
This past Sunday was Remembrance Day: a day when we pause to remember those who made tremendous sacrifices for our freedom. Of particular note are the sacrifices made by Corporal Leo Clarke, Sergeant-Major Frederick William Hall and Lieutenant Robert Shankland. All three men fought and gave their lives during World War I. All three men received the Victoria … Continue Reading

Don’t Be a “Waiter”

Posted in In the News, Litigation
A client (or friend, or my mother: I can’t quite remember who) once referred to her children as “waiters”, as in “They’re waiting for me to die”. To this point, a recent article on the Globe and Mail online by Rob Carrick warns against children relying on an inheritance to bail them out. The article … Continue Reading

Denying Compensation to a Guardian

Posted in Guardianship, Litigation
On Tuesday, I blogged on the recent Ontario Court of Appeal decision of Aragona v. Aragona, 2012 ONCA 639. There, the application judge denied the guardian compensation. In so doing, the application judge noted the guardian’s failure to keep proper accounts. The Court of Appeal stated that a guardian has, by statute, a fiduciary obligation to carry … Continue Reading

Appealing on the Basis of Inadequate Reasons

Posted in Litigation
Yesterday, Ian Hull tweeted on the recent Ontario Court of Appeal decision of Aragona v. Aragona, 2012 ONCA 639. There, the Court of Appeal dismissed, for the most part, an appeal by a guardian from a decision dismissing his application to pass accounts. The motions judge ordered that the guardian repay a significant amount to the … Continue Reading

Rich Kids

Posted in Estate Planning, Litigation
According to a CNBC report, only half of millionaire baby boomers think that it’s important to leave money to their kids. A third of them would rather leave their money to charity rather than their kids.  For example, Warren Buffett has reportedly given 85% of his wealth to charity (the Melinda and Bill Gates Foundation). “My kids … Continue Reading