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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),
The developer planning a 795-unit residential development in Varina has completed its purchase of the site. East West Partners of Virginia bought nearly 262 acres along the east side of the Pocahontas Parkway at Route 5 from the Nelson family for .5 million. The company is planning to build the Arcadia subdivision there. East West Partners of Virginia received rezoning approval from the Henrico Board of Supervisors in January 2023, overcoming significant opposition from some community members in the process. The developers said they plan to break ground soon. David M. Smith of Cushman & Wakefield | Thalhimer handled the...Article LinkSupport the show
This week we take a look back at 2020, with Trevor Hoppe, Assistant Professor of Sociology, University of North-Carolina-Greensboro; Marlese Durr, Professor of Sociology and Anthropology, Wright State University; David M. Smith, Professor of Sociology, University of Kansas; and Hannah Holleman, Associate Professor of Sociology and Environmental Studies, Amherst College.
Today on Hull on Estates, David M. Smith and Stuart Clark discuss limitation periods and Applications to Pass Accounts, and whether there could be a scenario whereby certain objections raised within an Application to Pass Accounts could be statute barred as a result of the expiry of any limitation period.
Today on Hull on Estates, David M. Smith and Stuart Clark discuss the definition of “spouse” within the meaning of Part V of the Succession Law Reform Act, and the factors that the court will look to in determining whether two parties are common law spouses within the meaning of the Act, with particular attention paid to whether two parties must live under the same roof to be considered common law spouses.
This week on Hull on Estates, David M. Smith and Stuart Clark discuss the recent Macleans cover story “The Inheritance Wars”, and the general trends in estate litigation.
This week on Hull on Estates, David M. Smith and Nadia Harasymowycz discuss the removal of an Estate Trustee. Specifically, they refer to the case .
This week on Hull on Estates, David M. Smith and Rick Bickhram discuss a recent decision out of the Superior Court of Justice, as well a high-level overview of the proceedings in passing of accounts.
This week on Hull on Estates, Chris Graham and David Smith revisit the decision of the Supreme Court of Canada and Pecore. This case considered the approach taken by Pecore. The following issues are examined: Applying the presumption of resulting trusts to various fact scenarios. Evidence required to rebut the presumption for different classes of asset. Types of corroboration permissible under the Evidence Act to rebut the presumption. If you have any comments, send us an email at or leave a comment on our blog. Christopher M.B. Graham – Click here for more information on Chris Graham. David M. Smith – Click here for more information on David Smith.
This week on Hull on Estates, Rick Bickhram and David M. Smith discuss the complications that can arise when an incapable person is both the subject of a guardianship order and the beneficiary of a testamentary trust. Comments? Send us an email at hull.lawyers@gmail.com, call us on the comment line at 206-350-6636, or leave us a comment on the Hull on Estates blog.
David M. Smith a former Naval Officer and current high level employee of Delta Airlines found out in 1998 that he was a victim of criminal ID theft when a felon with many outstanding warrants used David's good name to commit crimes. David was arrested and treated like a criminal and spent hundreds of hours trying to clear his name. He thought all was finally over untuil December 2006 when he was again arrested for crimes his impostor committed. Listen to this outrageous story of this hero who refuses to be defteated.