Sibling Rivalry Revisited

December 8, 2006 by  
Category: Estate Litigation

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The final blog for this week wraps up our theme by considering an interesting instance of the interaction between power of attorney litigation and estate litigation. In Wolfson Estate v. Wolfson, a recent reported decision of the Ontario Superior Court of Justice, a brother and sister were engaged in litigation relating to the estate of […]

Sibling Rivalry and Other Cliches

December 4, 2006 by  
Category: Estate Litigation

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The term “Elder Abuse” has become increasingly prevalent in the media over the past few years. The term means different things to different people. Television programs and feature articles in newspapers have occasionally chronicled tragic occurrences of physical mistreatment of residents of long-term care facilities. Apart from such physical abuse and neglect of the elderly, […]

Contingency Fees in Estate Litigation – Part III

November 15, 2006 by  
Category: Estate Litigation

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Having addressed yesterday the treatment of contingency fees under Ontario’s Solicitors Act, we now turn to Regulation 195/04 to that Act, which addresses contingency fee requirements in greater detail. (Section number references are to those Regulations.) Contingency Fee agreements must be in writing, must be entitled “Contingency Fee Retainer Agreement”, must be dated and must […]

Contempt Motions and Estate Litigation – Part II

October 31, 2006 by  
Category: Estate Litigation

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Burden of Proof Although the procedure for a contempt motion is civil in nature, the actual determination is criminal in nature. Thus, the burden of proof in civil contempt proceedings is proof beyond a reasonable doubt, as apposed to the balance of probabilities. Any doubt must be exercised in favour of the person alleged to […]

WHEN IS A LOAN A GIFT?

September 27, 2006 by  
Category: Estate Litigation

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A father’s intention to gift his children a substantial amount of money and benefit a favoured charity at the same time, albeit indirectly, was at the centre of a recent case decided by the Tax Court of Canada. The case in question is Benquesus v. Canada [2006] T.C.J. No. 149. Gift giving has never been […]

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