Toronto Estate Law Blog

Toronto Estate Law Blog

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Tag Archives: Interpretation

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

Privacy vs. PIPEDA: Solicitor-Client Privilege Wins

Posted in Estate & Trust, Litigation
When an irresistable force meets an immovable object, we appeal to the Supreme Court of Canada.  In Canada (Privacy Commissioner) v. Blood Tribe Department of Health, 2008 SCC 44, the force is the Personal Information Protection of Electronic Documents Act ("PIPEDA") and the object is solicitor-client privilege.  Section 12 of PIPEDA grants the Privacy Commissioner express… Continue Reading

You Make The Call

Posted in Archived BLOG POSTS - Hull on Estates, Litigation, Wills
Consider the following interpretation issue, which was recently considered by the Ontario Superior Court of Justice: The deceased left a will kit-type will directing that all “just debts, funeral and testamentary expenses, all succession duties, inheritance and death taxes, and all expenses necessarily incidental thereto, to be paid and satisfied by” my executor as soon… Continue Reading

Luck of the Irish?

Posted in Archived BLOG POSTS - Hull on Estates
Every so often, a case comes before the Court which seems to clearly captivate the presiding judge, has historical resonance, and just makes for interesting reading.  Re Connolly Estate (2007) 31 E.T.R. (3d) 81, a decision of the Prince Edward Island Trial Division, is such a case.  Here, Justice D.H. Jenkins considered the interpretation of the Will of… Continue Reading