Hull on Estates

In this episode of Hull on Estates, Natalia Angelini and Jordan Sarah Head examine parentage disputes over intestate estates under the Succession Law Reform Act. They discuss how competing definitions of who qualifies as a "child" often lead to litigation, how DNA testing can streamline resolution, and how procedural, evidentiary, and familial considerations frequently complicate these proceedings.

In this episode Jordyn Sanford and Jonathon Kappy follow the escalation of a show-cause hearing in Ko v. Li arising from AI‑generated "authorities" embedded in a factum. We discuss the initial show‑cause order and the Court's emphasis on counsel's duties to verify citations, supervise staff, and use technology responsibly. We then cover the initial purging of contempt and the significance of the Rule 4.06.1(2.1) certification requirement for authenticating authorities in facta. Finally, we discuss the escalation to a criminal‑contempt show‑cause following a later admission of counsel that earlier statements to the Court were untrue.

This week on Hull on Estates, Doreen So and Geoffrey Sculthorpe discuss what it means to have the capacity to make life-changing decisions, especially when illness clouds the mind. In this episode, they dive into the landmark Ontario case of Calvert (litigation guardian of) v. Calvert, 1997 CanLII 12096 (ON SC), where Mrs. Calvert's ability to separate from and divorce her husband was fiercely contested due to her Alzheimer's diagnosis. Doreen and Geoffrey explore the legal capacity for separation, divorce, and instructing counsel through the voices of the family, lawyers, and medical experts in the case. Case reference: 1997 CanLII 12096 (ON SC) | Calvert (litigation guardian of) v. Calvert | CanLII

This week on Hull on Estates, Stuart Clark and Mark Debono discuss Mayer v. Rubin, 2017 ONSC 3498 where the Court exercised its inherent jurisdiction to appoint an Estate Trustee During Litigation, which is distinct from the conventional statutory authority relied upon to appoint an Estate Trustee During Litigation.

This week on Hull on Estates, Natalia Angelini and Darien Murray discuss the decision of Watson v Lopes, 2025 ONSC 5934, where the Ontario Superior Court awarded a common-law spouse a lump-sum amount in dependant's support based on the deceased's moral obligation, despite being unable to conclude he could not support himself.

In this episode of Hull on Estates, Jonathon Kappy and Boris Eng dive into the often-overlooked versatility of Applications for Directions under Rule 75.06. After outlining their traditional role in estate litigation, they explore some of the stranger and more creative ways these applications have been used — from seeking access to solicitor's files to resolving unexpected procedural or evidentiary roadblocks. A practical and entertaining look at one of the Estates List's most adaptable tools.

This week on Hull on Estates, Nick Esterbauer and Geoffrey Sculthorpe preview the 11th Annual Family Dispute Resolution Institute of Ontario (FDRIO) Conference, "The FDR Toolbox: Equipping Professionals for a Changing World," set to take place on November 6, 2025, at the Ismaili Centre in Toronto. Sponsored by Hull & Hull LLP, the conference is expected to deliver tools and insights for a wide range of professionals, including estates professionals, navigating the evolving landscape of family dispute resolution. For more information and to register for the conference, please visit: https://fdrio.ca/2025-annual-conference/

This week on Hull on Estates, Doreen So and Aaron Chan discuss the decision of Klemensiewicz v. Klemens et al, 2025 ONSC 4603, a case involving two issues: whether (1) monies given by a father to his children for the purchase of real property was held on resulting or constructive trust and (2) s. 4 of the Real Property Limitations Act applied so as to stay the application.

In this episode of Hull on Estates, Stuart Clark and Sumit Malhotra discuss disclosure rights of beneficiaries in context of corporations.

This week on Hull on Estates, Natalia Angelini and Shawnee Matinnia explore what happens when a testator's intentions collide with the estate's liabilities. They discuss the recent Ontario Court of Appeal decision of Stewart Estate v. Stewart, 2025 ONCA 575, where the court confirmed a fundamental principle: executors must satisfy liabilities before distributing assets, even if doing so undermines the testator's intentions.