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11 Oct 2018 By

A Primer on Real Estate Issues in Estate Litigation

This paper provides a high-level outline — the “Coles notes”— on frequently encountered real estate issues in estate litigation, specifically, claims arising from proprietary estoppel, the doctrine of part performance, unjust enrichment and the imposition of resulting trusts.  It also briefl…

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15 Jul 2018 By

Guardianship Applications under the Children’s Law Reform Act

A minor is considered to be a person under the age of eighteen years. In Ontario, a parent is automatically the guardian of the person of his or her minor child.[1] However, a parent is not automatically the guardian of property of his or her minor child.[2] In certain circumstances, a paren…

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7 Feb 2018 By

Concerned Beneficiary? Court Finds Will Challenges Must Have Minimal Evidentiary Basis

The recent decision in Seepa v Seepa, 2017 ONSC 5368 contains observations that may have an impact on future Will challenges under Rule 75.06 of the Rules of Civil Procedure and in particular, on the materials that must be placed before the court in the “Motion for Directions”, which typical…

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12 Aug 2016 By

What happens if a deceased’s will is lost? What if it has been destroyed?

Estate trustees – an individual (or individuals) appointed to administer a deceased’s estate – may find themselves unable to locate the original copy of the deceased’s Will. Perhaps the Will has been misplaced, or destroyed. What is to be done in these situations? Luc…

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