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Introduction The concept of challenging a will before the testator’s death is a rare and complex legal issue that falls outside the traditional norms of estate litigation. In Ontario, as in many jurisdictions, the prevailing principle is that wills can typically only be challenged after the testator’s passing. This blog post will explore the concept…

What is the “Slayer Rule”? In simple terms, the “Slayer Rule” prevents somebody who has intentionally caused another’s death from taking a share of a deceased’s estate, whether under the deceased’s Will or under intestate. The case which is commonly cited for this type of situation is the old case of Lundy v Lundy (1895)…

Many home buyers do not see a real estate lawyer until after they have signed an agreement of purchase and sale and paid an initial deposit of tens of thousands of dollars. It is important to remember that unless the buyers make the purchase conditional (on financing approval, for example), the deal is firm, and…

Brief Introduction  The Road Access Act 1978 (“the Act”) came into force in an attempt to resolve disputes regarding the access to roads typically found in areas which are considered cottage country. In simple terms, an “access road” may be defined as a road which is located on land that is not owned by a…

Predatory marriage is a disturbing phenomenon that was under scrutiny in Ontario. This practice involves the manipulation or coercion of vulnerable individuals, often elderly, into marrying someone for financial gain or exploitation. In response to the growing concerns surrounding predatory marriages, Ontario has implemented new laws and protections to address this issue and safeguard vulnerable…

A claim for occupation rent consists of a claim seeking an order that a party pay rent for occupying a property for a specific duration of time. There are several leading cases which establish the governing principles and legal test to establish and succeed on a claim for occupation rent. In Dagarsho Holdings Ltd. v. Bluestone, 2004…

On March 16, 2020 the Hon. Justice R.A. Lococo of the Ontario Superior Court released his reasons for decision in Calmusky. His Honour as part of his reasons applied the principles surrounding the presumption of resulting trust established by the Supreme Court of Canada case Pecore v. Pecore [2007] 1 S.C.R. 795 to two separate…

Pursuant to section 3 of the Substitute Decisions Act, 1992, S.O. 1992, c. 30 (the “SDA”) if an individual’s capacity is in issue as part of any proceeding under the SDA, the Court may direct that the Office of the Public Guardian and Trustee arrange for legal representation to be provided for that person and…

Animo Revocandi is a Latin term which means the intention to revoke. It is the state of mind to revoke, recall or annul. When an individual passes away, with a will, but the original signed, witnessed will cannot be located the law presumes that the testator intentionally destroyed the Will. Absent a rebuttal of this…

A preservation order in the context of a dependant’s relief claim is critical to ensure that there are funds to satisfy the dependant’s claim pending the outcome or resolution of the court application. Various legislation recognize the above and provide for an automatic stay or preservation absent the consent of the dependant and/or order from…