Hull on Estates

This week on Hull on Estates, Doreen So and Aaron Chan discuss the decision of Panchyshyn v. Pietron, 2025 ONSC 2324, a case involving the Court's exercise of its inherent jurisdiction to appoint interim executors and trustees in circumstances where an estate trustee requires a temporary leave of absence for health reasons. Panchyshyn v. Pietron, 2025 ONSC 2324  

This week on Hull on Estates, Stuart Clark and Aleida Prinzen discuss the Ontario Court of Appeal decision of Beirat v. Khiyal, 2024 ONCA 790, where the Court examines the issue of standing as it relates to claims being brought on behalf of an estate. See also David M. Smith's recent blog on the case . Beirat v. Khiyal, 2024 ONCA 790 (CanLII),

This week on Hull on Estates, join Natalia Angelini and Shawnee Matinnia as they explore Balkinsson v. Sandy, a case where a mother's attempt to reclaim gifted property was thwarted by her own text messages.

In this podcast, Jonathan Kappy and Ruth Aruliah discuss the Saskatchewan case of Haines v Kuffner Estate, which explored whether the proposed will was a valid testamentary document despite it not being executed in complete compliance with the formal requirements of The Wills Act and whether the same outcome would occur if this were done in Ontario.

This week on Hull on Estates, Nick Esterbauer and Megan Zanette discuss the possible legal and practical impact of probate, once granted, and the recent decision of Cooke Family Trust et al. v. Dioguardi et al., 2025 ONSC 370.

In this podcast, Doreen So and Mark Lahn discuss the case of Hotner et al v. Norman, which involves a daughter who depleted her elderly mother's estate while acting as her caregiver. Doreen and Mark examine the case and discuss the intersection of family caregiving, fiduciary duties, and the remedies available where vulnerable individuals experience financial exploitation.

This week on Hull on Estates, Stuart Clark and Aleida Prinzen discuss the recent Ontario Court of Appeal decision of Jackson v. Rosenberg, 2025 ONCA 48, which deals with joint tenancy, the presumption of resulting trust, and the implications of severing a joint tenancy during the transferor's lifetime. Jackson v. Rosenberg, 2025 ONCA 48 (CanLII),

In this podcast, Natalia Angelini and Grey Wen discuss the case Tessaro v. Gore and the ultimate limitation period of 15 years which applies to negligence claims against will draft from the date of the act or omission, the negligent drafting – not from the date of death.

This week on Hull on Estates, Jonathon Kappy and Boris Eng discuss the intricacies of consent judgments and their interpretation through the lens of a pivotal Ontario Court of Appeal case. Discover how contractual principles shape legal outcomes and ensure clarity in court-approved agreements.

This week on of Hull on Estates, Nick Esterbauer and Mandana Niknejad discuss the Law Society of Ontario's new requirement, effective January 1, 2025, for all lawyers in private practice to implement a client contingency plan. Nick and Mandana discuss what this means, explore approaches to effectively address the new requirement, and review some of the resources available through the Law Society's website: .

In today's podcast, Sydney Osmar and Sumit Malhotra discuss client capacity concerns and review the recent helpful guide released by the Law Society of Ontario.

This week on Hull on Estates, Doreen So and Doug Higgins further discuss the decision of Gomes v. Da Silva, 2024 ONCA 792 as part of our recent series of discussions regarding the confluence of different statutory limitations periods, and how limitations statutes are being considered in Ontario. Gomes v. Da Silva, 2024 ONCA 792

This week on Hull on Estates, Stuart Clark and Aaron Chan discuss the decision of Gomes v. Da Silva, 2024 ONCA 792, a case that concerns the 10-year limitation period under s. 4 of the Real Property Limitations Act. Gomes v. Da Silva, 2024 ONCA 792 (CanLII), 

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.

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   Could you please hyperlink the case name after “Source:” with the following:  

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. 

In this week's episode, Natalia and Diana discuss Ontario Court of Appeals case Ingram v. Kulynych Estate, 2024 ONCA 678 (CanLII).

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

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:  

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)  

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.

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.

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:

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.    

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.

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 .

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 .

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.    

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

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)

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:  

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: 

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)

This week on the podcast, Natalia Angelini and Diana McBey discuss a case from British Columbia, Bautista v Gutkowski Estate, 2023 BCSC 1485.  In a pivotal decision, the BC Court of Appeal varied a will in favor of an estranged son, recognizing the testator's moral obligation. The case of Bautista v Gutkowski Estate reiterates the significance of moral duties in estate planning, especially towards one's children. Contact Us:  

This week on Hull on Estates, Stuart Clark and Aaron Chan discuss a child's obligation to support their parents under s. 32 of the Family Law Act.   Links to the cases that were talked about are: L.F.D. v. X. Stravino v. Buttinelli Godwin v. Bolsco Dragulin v. Dragulin   Parental Support – A child's obligation to support their parents Contact Us: info@hullandhull.com

In today's podcast, Natalia Angelini and Sydney Osmar discuss the recent news cycle involving an 80 year old billionaire who is apparently in the midst of a succession plan which includes adopting his 51 year old gardener. Natalia and Sydney discuss their love of Hermes and what the legal test and implications of adult adoption look like in Ontario. Contact Us:  

This week on Hull on Estates, Jonathon Kappy and Margarita Grup​​, discuss two cases dealing with the appointments of Estate Trustees during litigation with two different outcomes. We explore the topic of when and where it is appropriate to appoint an ETDL and some of the consequences that could occur during the process.   Mayer v Rubin, 2017 ONSC 3498 Armstrong v Laviolette, 2023 ONSC 6783  

This week on Hull on Estates, Nick Esterbauer and Zahra Attir follow up to their podcast on Estate Administration Bonds to discuss the nature of guardianship bonds and the circumstances under which those applying to become guardians of property of an incapable adult in Ontario may be required to post a bond. Conversely, they discuss circumstances under which posting such a bond may not be required. Contact Us: info@hullandhull.com

This week on Hull on Estates, Doreen So and Darien Murray discuss Justice Charney's decision in Jackson v Rosenberg which provides a great summary of the basic property law concepts that are at the core of much litigation. This case also provides a warning of the downside of a very popular estate planning technique.

This week on Hull on Estates, Stuart Clark and James Macfarlane discuss the recent decision of Justice Myers in , in which His Honour addresses the application of the law of minimum evidentiary threshold in will challenge litigation. 

  This week on Hull on Estates, Natalia Angelini and Mark Lahn discuss the recent motion in Marcy v. Marcy. This motion dealt with the appropriate use of cautions in estates matters and the implications of section 9 of the Estates Administration Act.

This week on Hull on Estates, Jonathon Kappy and Daniel Boucher, provide a refresher on multiple wills, how they can be used, and how they can backfire.  Follow us on social media: If you have any questions about an Estate matter, contact us at info@hullandhull.com.

This week on Hull on Estates, Nick Esterbauer and Zahra Attir discuss the circumstances under which applicants applying for various Certificates of Appointment of Estate Trustees are required to post estate administration bonds. Conversely, they discuss circumstances under which posting such bonds may not be required. Follow us on social media: If you have any questions about an Estate matter, contact us at info@hullandhull.com.

In today's episode, Doreen So and Diana McBey discuss , and how the Court may, in the right circumstances, protect a Deceased's medical privacy from those wishing to challenge their Will. Follow us on social media: If you have any questions about an Estate matter, contact us at info@hullandhull.com.

This week on Hull on Estates, Stuart Clark and Aaron Chan discuss the concept of insulating claims that may otherwise be statute-barred if brought within a passing of accounts with reference to the decisions of Schutz Estate (Re) 2023 ONSC 3959 and Wall v. Shaw 2018 ONCA 929. Follow us on social media: If you have any questions about an Estate matter, contact us at info@hullandhull.com.

Natalia Angelini and Sydney Osmar review recent decisions out of the Superior Court of Justice regarding the application and interpretation of new substantial compliance legislation, section 21.1(1) of the Succession Law Reform Act. Succession law reform act: Vojska v Ostrowaki, 2023 ONSC 3894 Cruz v Public Guardian and Trustee, 2023 ONSC 3629 SCJ Estate of Harold Franklin Campbell (Re), 2023 ONSC 4315   Follow us on social media: If you have any questions about an Estate matter, contact us at info@hullandhull.com.

This week on Hull on Estates, and , discuss the case surrounding Aretha Franklin's will and the impact a jury trial has on a will challenge. They discuss the importance of properly planning and communicating one's wishes to avoid confusion and disputes among beneficiaries.   Follow us on social media: If you have any questions about an Estate matter, contact us at info@hullandhull.com.

This week on Hull on Estates, and dive into the depths of Ontario's Declarations of Death Act, 2002, as they explore the intersection of the Titan Submersible and the legal complexities surrounding presumed deaths. Join them as they navigate through the murky waters of determining and defining death in the modern world.

This week on Hull on Estates, Doreen So and Darien Murray discuss a case which examines the ability of Attorneys for Property to sell property that is the subject of a specific testamentary gift. They consider the statutory framework surrounding this issue, as well as the wider obligations of Attorneys for Property.   Follow us on social media: LinkedIn Facebook Twitter Instagram

This week on Hull on Estates Stuart Clark and Melissa Elmaleh delve into the cases of Senthillmohan v. Senthillmohan, 2023 ONCA 280 and Re Cameron Estate, 2011 ONSC 6471. They look at what happens when you own real property with another as a joint tenant and the person with whom you own property with owes a judgement debt to a third- party. They also discuss what happens if a joint-tenant who owes debt dies before the creditor seizes their interest. 

This week on Hull On Estates, and review the case of , which is a cautionary tale for those acting as a Power of Attorney who make gifts to themselves. This case deals with issues commonly encountered in both estate and POA litigation that those who practice in the area won't want to miss.