Hull on Estates

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.

This week on Hull on Estates, Jonathon Kappy and Mark Lahn discuss the scope of relief from forfeiture and how this equitable remedy can be applied in the context of estate settlements. Cases discussed: Saskatchewan River Bungalows Ltd. v. Maritime Life Assurance Co., 1994 CanLII 100 (SCC) - https://canlii.ca/t/1frs7 Redstone Enterprises Ltd. v. Simple Technology Inc., 2017 ONCA 282 - https://canlii.ca/t/h31t2

This week on Hull on Estates, Nick Esterbauer and Margarita Grup explore the nuanced world of mental capacity, discussing key legal principles and a landmark Supreme Court of Canada decision. They break down the nature of mental capacity, examine capacity standards in several different contexts, and highlight the importance of understanding an individual's ability to make reality-based decisions. R. v. Bharwani, 2025 SCC 26: https://decisions.scc-csc.ca/scc-csc/scc-csc/en/item/21149/index.do

This week on Hull on Estates, Doreen So and Mandana Niknejad discuss proposed changes to the Ontario Rules of Civil Procedure and their implications for the civil litigation landscape, with a special focus on estate litigation. Consultation Paper referred to in the podcast: https://www.ontariocourts.ca/scj/files/pubs/Civil-Rules-Review-Phase-2-Consultation-Paper.pdf

This week on Hull on Estates, Stuart Clark and Grey Tiansheng Wen discuss the Saskatchewan Court of Appeal's recent decision in CPC Networks Corp. v McDougall Gauley LLP, 2023 SKCA 90, a case with significant implications for lawyer file ownership and production obligations. The decision explores what portions of a lawyer's file belong to the client versus what remains the property of the law firm, and how that distinction impacts disclosure—particularly when former clients request their full legal file or where litigation is ongoing. Stuart and Grey examine the Court's clarification of key legal principles, including: The distinction between documents prepared for the client's benefit and those created solely for internal firm use; The burden on lawyers to identify and justify withheld materials; And the recognition that document ownership does not necessarily determine production obligations in discovery. CPC Networks Corp. v McDougall Gauley LLP, 2023 SKCA 90 (CanLII), .

This week on Hull on Estates, Natalia Angelini and Geoffrey Sculthorpe discuss a major change in Quebec's family law framework, with the introduction of the Parental Union regime, taking effect on June 30, 2025. Blogs referenced: https://www.allaboutestates.ca/quebecs-parental-union-regime-a-new-legal-framework-for-unmarried-parents/ https://www.allaboutestates.ca/love-is-in-the-air-or-is-it-separation/

This week on Hull on Estates, Jonathon Kappy and Doug Higgins discuss the history and application of mutual will agreements – as well as some considerations for individuals and solicitors considering the use of this unique estate planning mechanism.

This week on Hull on Estates, Nick Esterbauer and Darien Murray explore the evolving role of AI tools in the legal industry. They discuss real-world application, risks to consider, and AI's day-to-day impact in the legal profession. The link to the LSO resource centre on using technology and artificial intelligence is: https://lso.ca/lawyers/technology-resource-centre/practice-resources-and-supports/using-technology

This week on Hull on Estates, Boris Eng sits down with Sydney Osmar to explore collaborative law, a new form of alternative dispute resolution making its way into estate law. Discover how this innovative approach can help reduce costs, preserve family relationships, and avoid the adversarial nature of traditional litigation.

This week on Hull on Estates, Doreen So and Aaron Chan discuss the decision of Panchyshyn v. Pietron, 2025 ONSC 2324, a case involving the Court's exercise of its inherent jurisdiction to appoint interim executors and trustees in circumstances where an estate trustee requires a temporary leave of absence for health reasons. Panchyshyn v. Pietron, 2025 ONSC 2324 https://canlii.ca/t/kbl06