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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Disclosure Obligations in Real Estate Transactions

Description: There are many ways that a lawsuit can occur in the world of real estate. One of the most common reasons for a lawsuit is disclosures. Find out exactly what a real estate disclosure is, examples of them and how to avoid getting caught up in a disclosure-related lawsuit. Keywords: Real estate disclosures, real estate litigation, real estate, disclosure statements.   The article has been kindly provided by our client Real Estate Bay Realty Real Estate Disclosure Related Lawsuits It doesn’t matter if you’re…

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Deciding Between Small Claims Court And Superior Court

If you’re looking for a Litigation Lawyer, whether for an Employment Law matter (such as Wrongful Dismissal, Constructive Dismissal, Severance Pay), Commercial Litigation or other matter, if your case falls in the $20-40,000.00 range, a decision must be made early on whether to start a Claim in Small Claims Court (limited to $25,000 in Ontario), or Superior Court (over $25,000). The answer may seem to be obvious – “if I’m claiming more than $25,000 then I’ll start it in Superior Court, and…

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