Hull on Estates

On this week's episode, Natalia Angelini and Jordyn Sanford examine Ahluwalia v. Ahluwalia and the Supreme Court's recognition of the new tort of intimate partner violence (IPV). The discussion reviews the Court's three-part test and highlights the evidentiary and conceptual challenges associated with proving the third element, coercive control. The principal focus is on the decision's implications for estate litigation, including whether tort claims may be advanced alongside dependant support claims under the Succession Law Reform Act, the types of evidence required, the nature of damages available, and strategic considerations such as sequencing of remedies and the likely application of the limitation period under the Trustee Act.

In this episode of Hull on Estates, Jonathon Kappy and Jordan Sarah Head discuss when an apparent financial interest is sufficient to confer standing in estate proceedings, focusing on Will challenges and passings of accounts. They discuss Toronto-Dominion Bank v. Witoszkin, 2024 ONSC 921, to consider whether "moral watchdogs" have any standing in estate litigation.

In this episode of Hull on Estates, Nick Esterbauer and Osama Saleemi discuss D.R. v. A.R., 2026 ONSC 796, a recent decision of the Ontario Superior Court of Justice addressing guardianship of property under the Substitute Decisions Act, 1992, and when less restrictive options might be more appropriate. Case reference: D.R. v. A.R., 2026 ONSC 796 (CanLII),

In this episode of Hull on Estates, Stuart Clark and Filbert Yung discuss the rule against perpetuities as applied in Ottawa (City) v. ClubLink Corporation ULC 2021 ONCA 847 and 2025 ONCA 34. A medieval doctrine and long-standing source of anxiety for lawyers, the rule against perpetuities is brought sharply into focus with these decisions. Stuart and Filbert discuss the complex factual background leading to the litigation, the Court of Appeal's reasoning in both decisions, and key pitfalls lawyers should be mindful of when drafting agreements that impose interests in, or conditions on, land.

In this episode of Hull on Estates, Doreen So and Yalda Mostafaie discuss Estate of Sydney Monteith, 2023 ONSC 7246, in which the Ontario Superior Court of Justice considered whether a fostered but non‑adopted child could inherit on an intestacy. The episode examines the interaction between the Succession Law Reform Act and the Children's Law Reform Act, and the Court's strict statutory approach to defining "child" and "sibling" for intestate succession purposes.

This week on Hull on Estates, Natalia Angelini and Sofie Hector discuss Hernandez v. Hernandez, 2026 ONSC 1136, where the Ontario Superior Court of Justice awarded costs against a party who was successful on the legal issue before the Court, emphasizing that relative success does not shield a litigant from adverse cost consequences where their conduct undermines proportionality and the efficient administration of an Estate.

This week on Hull on Estates, Jonathan Kappy and Osama Saleemi discuss the passing of accounts in estate, trust, and fiduciary matters, with a particular focus on how the process can be used creatively beyond its traditional retrospective function. The episode examines the limits of passing accounts, the court's role in reviewing fiduciary conduct, and how trustees and other fiduciaries may use the process to obtain practical assurance for proposed interim distributions, while remaining mindful of the boundaries of judicial discretion.

This week on Hull on Estates, Nick Esterbauer and Li‑Mei Mayer discuss key considerations in guardianship matters, including the presumption of capacity, professional responsibilities when capacity is in issue, individual autonomy, and the termination of guardianship. These concepts are examined in context through the decision in Ying (Cindy) Zheng v. Long Zheng, 2012 ONSC 3045.

This week on Hull on Estates, Stuart Clark and Mark Debono discuss Gebremariam v. Menghesha, 2026 ONSC 545, where the Court exercised its power under section 21.1 of theSuccession Law Reform Act to validate a testamentary document that was electronically written, unsigned, and unwitnessed, in light of the section's apparent prohibition of electronic Wills.

This week on Hull on Estates, Doreen So and Mandana Niknejad discuss the Civil Rules Review Committee's Final Policy Report on the proposed changes to the Rules of Civil Procedure, focusing on their impact on estates proceedings and comparing the current model with the proposed framework, while sharing their hopes and concerns for the road ahead.