Episodios
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In today’s podcast Sydney Osmar and James Macfarlane discuss a recent decision out of the BC Supreme Court, Lam v Law Estate, where the court utilized its discretion under s. 60 of the Wills Estates and Succession Act to vary a gender-biased Will. Sydney and James use the decision as a springboard to discuss the differing legal frameworks in Ontario and BC regarding Will Challenges.
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This Week on Hull on Estates, Jonathon Kappy and Darien Murray follow up on the conversation started by Natalia Angelini and Diana McBey in Episode 701 where they discussed the Ontario Court of Appeal’s decision in Ingram v Kulynych Estate. Jonathon and Darien examine the evolution of the law surrounding limitation periods that set the stage for this decision. Source: Ingram v Kulynych Estate, 2024 ONCA 678
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In this episode, Nick and Ruth discuss the practical issues in Guardianship appointments and some of the considerations a family needs to take into account to be successful now and in the future.
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In this week's episode, Natalia and Diana discuss Ontario Court of Appeals case Ingram v. Kulynych Estate, 2024 ONCA 678 (CanLII).
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This week on Hull on Estates, Doreen So and Sara Racicot discuss Justice Dietrich’s decision from the Ontario Superior Court of Justice titled . The decision offers an in-depth examination of the fiduciary duties owed by an executor to the estate and its beneficiaries, along with the serious consequences that arise from any breach of these responsibilities. Spisak v. Spisak, 2023 ONSC 4726
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This week on Hull on Estates, Stuart Clark and Geoffrey Sculthorpe discuss the recent decision of Kulyk v. Kulyk, pertaining to how the courts may deal with the unauthorized occupation of an Estate property, and the power the Estate Trustee has to sell Estate properties, including how the Estate Trustee derives their power from the testamentary instrument rather than from probate process. Kulyk v. Kulyk, 2024 ONSC 4213:
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On this episode of the podcast, Natalia Angelini and Grey Wen discuss the recent decision by the name Drennan v. Drennan. Drennan v. Drennan, 2024 ONSC 3905 (CanLII)
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This week on Hull on Estates, Jonathon Kappy and Shawnee Matinnia discuss the recent decision of Kacin v Kacin, pertaining to lost Wills, productions, and Estate Trustees during litigation.
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This week on Hull on Estates, Nick Esterbauer and Megan Zanette discuss the benefits of incapacity planning, with a specific focus on Continuing Powers of Attorney for Property and the process and costs involved with Guardianship Applications.
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This week on Hull on Estates, Sydney Osmar and Mark Lahn discuss highlights from the Ontario Bar Association's Elder Law Day 2024. Topics include collaborative law in estate litigation, caselaw updates, accommodating elderly clients, and the recent implementation of Bill 200, which impacts the registration of Notices of Security Interest. Referenced Blog:
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This week on Hull on Estates, Doreen So and Margarita Grup review the key developments and modernization initiatives that were outlined in the 2019-2023 report from the Ontario Superior Court of Justice, including future initiatives for further digitalization of our system in an effort to improve access to justice.
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This week on Hull on Estates, Stuart Clark and Doug Higgins review the powers and duties of attorneys for property and estate trustees with respect to dependant support obligations. Stuart and Doug discuss the different requirements of various Ontario legislation, including the Substitute Decisions Act, the Family Law Act and the Succession Law Reform Act, and the implications for decision-makers.
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This week on Hull on Estates, Natalia Angelini and Aaron Chan discuss a lawyer's responsibility to their clients in estate planning by examining the case of .
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This week on the Hull on Estates Podcast, with Jonathon Kappy and Diana McBey discuss pets and estate administration. We discuss read more about the case .
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This Week on Hull on Estates, Nick Esterbauer and Darien Murray discuss costs consequences in estate litigation. They consider the modern approach to costs and review a recent example of its application in the Ontario Court of Appeal’s decision in Westover Estate v Jolicouer, 2024 ONCA 81.
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This week on Hull on Estates, Doreen So and Kiran Sanghera discuss Will Challenges and the case of Roe v Roe. Links: Insane Delusion Banton v. Banton, 1998 CanLII 14926 (ON SC) Tate v. Gueguegirre The Challenge of Appealing a Will Challenge
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On this week’s episode of Hull on Estates, and have a follow-up discussion on Stuart’s about Estate Freezes and Net Family Property Equalization. Cases discussed: Stone v. Stone, (ON CA) Reisman v. Reisman, (CanLII)
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This week on Hull on Estates, Natalia Angelini and Haley Daniel discuss the retraction of renunciation of appointment as estate trustee. They analyze two recent court decisions Hunt v Hunt and Soo Estate and how this may impact the ability to retract a renunciation. Links: Blog: Hunt v Hunt: Soo Estate:
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This week on the podcast Jonathon Kappy and Geoffrey Sculthorpe discuss the The Absentees Act and how it impacts the case for Grover v Vaid, 2023 ONSC 5931. Research Links: Case: Absentees Act: Declarations of Death Act:
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This week on Hull on Estates, Nick Esterbauer and Doug Higgins review the decision of the Ontario Superior Court of Justice in McGoey (Re), 2019 ONSC 80. Through this unique case and its interesting evidentiary issue, Nick and Doug discuss the concept of a “sham” trust, and the principles applied by Ontario courts in evaluating a purported settlor’s intention to settle a valid trust. McGoey (Re), 2019 ONSC 80 (CanLII)
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