Hull on Estates

During Hull on Estates Podcast #46, Ian and Suzana discuss the concept of causation and how it relates to estate matters. Referring to the texts of Jackson and Powell on Professional Negligence and Black's Law Dictionary, negligence claims, the standard and duty of care and the question of onus are considered. The cases of Haag v. Marshall in the British Columbia Court of Appeal, Sykes v. Midland Bank [1971] 1 Q.B. 113 and Major v. Buchanan (1975), 9 O.R. (2nd) 491 at 514, 61 D.L.R. (3rd) 46 (H.C.)are also examined.

During Hull on Estates Episode #45, Sean Graham and Paul Trudelle discuss the use of contempt procedures in estate matters. They reviewed Rule 60.11 of the Rules of Civil Procedure and focused on the failure of Estate Trustees to produce accounts and the resort to the contempt mechanisms in order to compel their production.

During Hull on Estates Episode #44, Jason Allan and David Smith discuss the duties and obligations of trustees with specific consideration to trustees of discretionary trusts. They discuss various claims available to beneficiaries against a trustee who is alleged to have acted improperly and the defences available to the trustee.

During Episode #43 of Hull on Estates, Craig and Bianca gave an overview of a previous podcast aired on December 12, 2006. They furthered this discussion on managing estate litigation matters, and considered multiple proceedings (ex. dependent support claims), how issues are set out in Orders for Directions, and evidence requirements, including documentary discovery.

During Hull on Estates Episode #42, Justin and Megan discussed the case of Godwin c. Bolcso [1993] O.P.J. No. 297 and Section 32 of the Family Law Act. This case concerns the application by a 58-year-old mother for support from four adult children. The issues covered included the definitions of "reasonable care" and "support", and insight into when support will be ordered for parents.

During Episode #41, Ian and Suzana reviewed the Waters' Law of Trusts in Canada (3rd Edition) and discussed the extensive and helpful coverage of estate law topics offered by the text.

During Hull on Estates Episode #40, Sean and Paul discussed the importance of wills, naming a Power of Attorney and other elements of succession planning that should be considered in the New Year.

During Hull on Estates Episode 39, Jason Allan and David Smith discussed the considerations that apply when beneficiaries seek to remove the trustee(s) of an estate. They discuss a factual situation involving a trustee who engages in questionable conduct and the various recourses available in an application for the trustee's removal.

During Hull on Estates Podcast #38, we discussed provisions that may be included in Orders Giving Directions.

During Hull on Estates Episode 37 we discussed: - limitation periods and equalization payments in the context of estate litigation; - the case of Webster v. Webster Estate, including: - the facts of the case; - the marriage contract; - the Application to extend the time for the limitation period; - Section 2(8) of the Family Law Act; and - the Courts decision in this matter.