Estate Litigation Deadlines in Ontario: Know the Limitation Periods Before It’s Too Late

In Ontario, estate litigation is governed by several critical deadlines that must be adhered to in order to protect legal rights. Missing these deadlines can result in the inability to pursue claims or defend against them. This article outlines the key limitation periods for common estate disputes and how Ontario courts handle delays. Will Challenges The Limitations Act, 2002 establishes a two-year limitation period for most estate-related claims, including actions to challenge the validity of a will. This was confirmed in the case…

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Silent or Unclear Wills – How are they interpreted?

When a will is silent or unclear, Ontario courts employ specific rules of construction and consider the admissibility of extrinsic evidence to interpret the testator's intentions. The primary objective is to honor the testator's wishes as expressed in the will, without rewriting it. Courts focus on the language used in the will, rather than relying on direct extrinsic evidence of intent (Campbell v. Evert, 2018 ONSC 593, paras. 23-24). The "armchair rule" is a key principle in will interpretation, requiring the…

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Joint Bank Accounts and the Right of Survivorship: A Source of Estate Disputes

Joint bank accounts with a right of survivorship are frequently used for convenience and estate planning. However, they can become contentious in estate disputes, particularly when the intentions behind the account setup are unclear. This article explores the legal principles governing such accounts, focusing on the presumption of resulting trust and how courts determine the intent of the account holder, with a particular emphasis on Canadian law as clarified in the case Pecore v. Pecore. When funds are transferred into a joint…

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Hidden Assets and Estate Fraud: How to Protect Your Rights as a Beneficiary

Estate fraud, particularly involving hidden assets, poses significant challenges for beneficiaries. Understanding how to identify suspicious transactions, trace assets, and utilize legal tools is crucial for protecting your rights. This article explores these issues within the context of Ontario, Canada law. Understanding Estate Fraud and Hidden Assets Estate fraud occurs when someone unlawfully interferes with the distribution of an estate, often by hiding assets or manipulating documents. Hidden assets can include bank accounts, real estate, or personal property that are not…

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Square Footage Misrepresented On MLS? What Happens Next?

What is the effect on a signed agreement of purchase and sale when the buyer discovers prior to closing that the square footage in the MLS listing was inaccurately inflated? Rescission may be obtained on the basis of a non-fraudulent misrepresentation where the defendant has made a false statement that was material and induced the plaintiff to enter into the contract. The effect of a material misrepresentation is to make an executory contract voidable, not void. On acquiring knowledge of the…

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Real Estate Litigation – Broken Deals, Deposit Forfeitures And Availability Of Recourse

Real Estate Litigation – Broken Deals, Deposit Forfeitures and Availability of Recourse   Under a matter involving an Agreement of Purchase and Sale (“APS”) dispute, retaining a real estate litigation lawyer is highly recommended, since frequently sale/purchase disputes relate to the question of whether or not the buyer can get his/her deposit back. A litigation lawyer with a particular focus on real estate litigation is in the best position to explain viable options to a buyer and/or seller in such a dispute. There are a few common circumstances under which an Agreement of…

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Mandatory Mediation In Estate Litigation

Mandatory Mediation in Estate Litigation: Do you need an Estate Litigation Lawyer? It is often assumed that most cases are settled in a courtroom. However, there are ways of settling disputes or lawsuits outside of court, and one commonly used method is the use of mediation. Mediation is a form of alternative dispute resolution (ADR), which serves to resolve problems between parties in an enforceable manner. A capable Estate Litigation Lawyer is key to getting the most out of a mediation.   In Ontario (certain…

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How Can I Enforce Foreign Divorce In Ontario?

In Ontario, if you were married in a country other than Canada, you can apply to have your foreign divorce recognized in Ontario. To do this, you or your family law lawyer will need to file an application with the Ontario Court of Justice. To apply for recognition of a foreign divorce in Ontario, you will need to: Gather all relevant documents, including your divorce decree, marriage certificate, and any other documents related to the divorce. File an application for recognition of…

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Family Law Litigation Procedure In Ontario: A Comprehensive Guide

Table of Contents Introduction Pre-Litigation Considerations Initiating the Litigation Process Case Management and Settlement Conferences Preparing for Trial The Trial Process Post-Trial Matters Conclusion Introduction Family Law Litigation in Ontario can be a complex and emotionally challenging process. This guide aims to provide a detailed understanding of the procedures involved in family law litigation, making it easier for parties to navigate the legal system and achieve a favorable outcome. Pre-Litigation Considerations Before initiating the litigation process,…

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Estate Planning

Estate planning is a critical aspect of life that often gets overlooked until it’s too late. It’s important to work with an estate lawyer to ensure that your assets are distributed according to your wishes and your loved ones are taken care of. One of the main areas where estate lawyers provide their expertise is in estate litigation. Estate litigation involves legal disputes over the distribution of assets of a deceased person, and it can be complex and emotionally charged. An experienced…

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