Hull on Estates

This week on the podcast Jonathon Kappy and Geoffrey Sculthorpe discuss the The Absentees Act and how it impacts the case for Grover v Vaid, 2023 ONSC 5931. Research Links: Case: https://www.canlii.org/en/on/onsc/doc/2023/2023onsc5931/2023onsc5931.html?autocompleteStr=Grover%20v.%20Vaid&autocompletePos=1&resultId=307d90cd9b04431ba1650ba2ad30b978&searchId=048cb512baac4e59957030ef8f58b441 Absentees Act: https://www.ontario.ca/laws/statute/90a03 Declarations of Death Act: https://www.ontario.ca/laws/statute/02d14

This week on Hull on Estates, Nick Esterbauer and Doug Higgins review the decision of the Ontario Superior Court of Justice in McGoey (Re), 2019 ONSC 80. Through this unique case and its interesting evidentiary issue, Nick and Doug discuss the concept of a "sham" trust, and the principles applied by Ontario courts in evaluating a purported settlor's intention to settle a valid trust. McGoey (Re), 2019 ONSC 80 (CanLII) https://www.canlii.org/en/on/onsc/doc/2019/2019onsc80/2019onsc80.html

This week on the podcast, Natalia Angelini and Diana McBey discuss a case from British Columbia, Bautista v Gutkowski Estate, 2023 BCSC 1485. In a pivotal decision, the BC Court of Appeal varied a will in favor of an estranged son, recognizing the testator's moral obligation. The case of Bautista v Gutkowski Estate reiterates the significance of moral duties in estate planning, especially towards one's children. Contact Us: [email protected]

This week on Hull on Estates, Stuart Clark and Aaron Chan discuss a child's obligation to support their parents under s. 32 of the Family Law Act. Links to the cases that were talked about are: L.F.D. v. X. https://www.canlii.org/en/on/oncj/doc/2016/2016oncj878/2016oncj878.html Stravino v. Buttinelli https://www.canlii.org/en/on/onsc/doc/2018/2018onsc1041/2018onsc1041.html Godwin v. Bolsco https://www.canlii.org/en/on/oncj/doc/1993/1993canlii9312/1993canlii9312.html Dragulin v. Dragulin https://www.canlii.org/en/on/onsc/doc/1998/1998canlii19365/1998canlii19365.html Parental Support – A child's obligation to support their parents https://hullandhull.com/Knowledge/2023/11/parental-support-a-childs-obligation-to-support-their-parents/ Contact Us: [email protected]

In today's podcast, Natalia Angelini and Sydney Osmar discuss the recent news cycle involving an 80 year old billionaire who is apparently in the midst of a succession plan which includes adopting his 51 year old gardener. Natalia and Sydney discuss their love of Hermes and what the legal test and implications of adult adoption look like in Ontario. Contact Us: [email protected]

This week on Hull on Estates, Jonathon Kappy and Margarita Grup​​, discuss two cases dealing with the appointments of Estate Trustees during litigation with two different outcomes. We explore the topic of when and where it is appropriate to appoint an ETDL and some of the consequences that could occur during the process. Mayer v Rubin, 2017 ONSC 3498 https://www.canlii.org/en/on/onsc/doc/2017/2017onsc3498/2017onsc3498.html Armstrong v Laviolette, 2023 ONSC 6783 https://www.canlii.org/en/on/onsc/doc/2023/2023onsc6783/2023onsc6783.html?autocompleteStr=Armstrong%20v%20Laviolette%2C%202023%20ONSC%206783&autocompletePos=1

This week on Hull on Estates, Nick Esterbauer and Zahra Attir follow up to their podcast on Estate Administration Bonds to discuss the nature of guardianship bonds and the circumstances under which those applying to become guardians of property of an incapable adult in Ontario may be required to post a bond. Conversely, they discuss circumstances under which posting such a bond may not be required. Contact Us: [email protected]

This week on Hull on Estates, Doreen So and Darien Murray discuss Justice Charney's decision in Jackson v Rosenberg which provides a great summary of the basic property law concepts that are at the core of much litigation. This case also provides a warning of the downside of a very popular estate planning technique.

This week on Hull on Estates, Stuart Clark and James Macfarlane discuss the recent decision of Justice Myers in Giann v Giannopoulos, 2023 ONSC 5412, in which His Honour addresses the application of the law of minimum evidentiary threshold in will challenge litigation.

This week on Hull on Estates, Natalia Angelini and Mark Lahn discuss the recent motion in Marcy v. Marcy. This motion dealt with the appropriate use of cautions in estates matters and the implications of section 9 of the Estates Administration Act.