Litigation can be ugly. Litigation where family is involved, as is often the case in estate litigation, can bring out the worst in people. According to the court, the worst of himself is what one of the respondents brought in the recent case of Colbert v. Colbert et al, 2023 ONSC 811 (“Colbert”) going so far as to declare the respondent in question a ‘vexatious litigant’. The term ‘vexatious litigant’….
The Vexatious Litigant Continue Reading »
Estate Litigation
Successfully summoning counsel of record for examination is typically a difficult task, and a motion to quash will often be brought after a summons is served on counsel for one of the parties. Case law in is clear that, generally, calling a lawyer to give evidence against their client should not be done absent the most exceptional circumstances. At a minimum there must be high materiality and necessity – the….
Can Section 3 Counsel be Summoned for Examination? Continue Reading »
Guardianship, Power of Attorney, Powers Of Attorney and Guardianship Disputes, Undue influenceAn executor, as the legal representative of the estate, is required to obtain a clearance certificate before distributing property that they control. Where the executor fails to obtain a clearance certificate, they are liable for any unpaid amounts in respect of any property distributed. Some will argue that not every estate needs a tax clearance certificate, but a recent court case highlights the kind of trouble an executor can get….
Clearance Certificates Continue Reading »
Canada Revenue Agency, Estate Litigation, Executors, Passing Of Trustees’ and Executors’ Accounts, Tax Issues, Uncategorized, Wills
As a lawsuit winds its way through the courts, more often than not procedural disputes pop up – timetables, disclosure obligations, the scope of examinations of witnesses: these are all areas ripe for disagreements between counsel (and often little understood by clients). The courts generally expect counsel to sort these matters out between themselves. In fact, the Toronto Commercial List has established “three C’s” which counsel are expected to adhere….
Where have all the sensible litigants gone? Continue Reading »
Estate Litigation
The Supreme Court of Canada has given its blessing to Henson Trusts (fully discretionary trusts set up to not impact the beneficiary’s social assistance benefits) in S.A. v. Metro Vancouver Housing Corp., 2019 SCC 4. I previously blogged about this case when it was before the Court of Appeal. The Metro Vancouver Housing Corporation (the “Landlord”) provides affordable rental housing in Vancouver. The Landlord requires prospective tenants to provide evidence….
Supreme Court Blesses Henson Trusts Continue Reading »
Estate Litigation, Estate Planning, Trusts
The case of John the Farmer (which I had previously blogged about) is now under appeal. John is seeking to overturn the ruling that he had to vacate the family farm so it could be sold on the open market. A judge rejected John’s request to stay the lower court’s order until the Court of Appeal could weigh in. The Court of Appeal will hear this matter on July 20,….
Chapter Two in the Family Farm Saga Continue Reading »
Estate Litigation