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Click on the links below to link to archived copy of the WEL Newsletter:
Volume 13
Law Review (i): Rebuttable Presumption Of Knowledge And Approval & Capacity, by Albert Oosterhoff
Law Review (ii): Proprietary Estoppel: Adomauskas v Chrolavicius, by Albert Oosterhoff
Law Review (iii): Financial Advice For Older Adults – A Case For Concern, by Oliver O'Brien
Law Review (iv): Disregarding An Order To Pass Accounts And The Penalty For Contempt, by Brett Book
Law Review (v): Interpreting Ontario’s Validating Provision In Grattan Estate, by Brett Book
Volume 12
Law Review (i): An Illusory Delusion, by Albert Oosterhoff
Law Review (ii): Fiduciary Powers and The Proper Purpose Rule, by Albert Oosterhoff
Law Review (iii): Introducing The Pension Protection Act, by Brett Book
Law Review (iv): Dismissal For Want Of Prosecution In Fitzpatrick v Dobos, by Brett Book
Law Review (v): Barriers to Challenging a Will During Life, by Nima Hojjati
Law Review (vi): The Admissibility of Surreptitious or Illegally Obtained Recordings, by Evan Pernica
Law Review (vii): Case Overview of Kandlproperties Inc. v. George Street Law, Et Al., by Oliver O'Brien
Law Review (i): Fraudulent Calumny, by Albert Oosterhoff
Law Review (ii): Contrary Intention and The Armchair Rule, by Albert Oosterhoff
Law Review (iii): Reunification of Couples in Long-Term Care – The Case of John and Gwen Hooper, by Oliver O'Brien
Law Review (iv): Welcoming the Canada Disability Benefit Act, by Brett Book
Law Review (i): Rectification and Costs, by Albert Oosterhoff
Law Review (ii): Removal and Passing Over of Executors and Administrators, by Albert Oosterhoff
Law Review (iii): Introducing New Brunswick’s Supported Decision-Making & Representation Act, by Brett Book
Law Review (iv): Litigation Tips – How to Hyperlink in Caselines, by Nima Hojjati
Law Review (v): Important Changes to Ontario’s Regulatory Registry, by Brett Book
Law Review (vi): Disclosing Agreements that “Change the Litigation Landscape”, by Evan Pernica
Law Review (vii): Be Careful About Who Witnesses Your Will!, by Evan Pernica
Law Review (i): Protective Trusts and Re Richards, by Albert Oosterhoff
Law Review (ii): Canadians Without Wills, by Oliver O'Brien
Law Review (iii): The More Beds, Better Care Act, 2022, by Brett Book
Law Review (iv): Revisiting the “Armchair Rule” in Jonas v. Jonas, by Brett Book
Law Review (v): What Happens When a Person Writes on Their Will?, by Evan Pernica
Law Review (i): Trustee’s Right of Indemnity, by Albert Oosterhoff
Law Review (ii): Estate Planning and Changing Family Dynamics, by Albert Oosterhoff
Law Review (i): Testamentary Document Or Secret Trust?, by Albert Oosterhoff
Law Review (ii): The Presumption of Due Execution: Re Grace Estate, by Albert Oosterhoff
Law Review (iii): Changes to Virtual Verification of Identity in Ontario, by Brett Book
Law Review (iv): The Standard of Review for Procedural Fairness in Statutory Appeals: A Case Review of Law Society of Saskatchewan v. Abrametz, by Nima Hojjati
Law Review (vi): Estates Procedures Manual, by Brett Book
Law Review (vii): Corroboration and Material Facts – A Look at the Recent Case of Fair v. BMO Nesbitt Burns Inc, by Oliver O'Brien
Law Review (i): No Assent – Property Does not Vest, by Albert Oosterhoff
Law Review (ii): Life Estate or Licence – A Continuing Conundrum, by Albert Oosterhoff
Law Review (iii): The Presumption that a Will Speaks from Death: A Case Review of VanSickle Estate v. VanSicklet, by Nima Hojjati
Law Review (iv): Procedural Fairness at the Consent and Capacity Board, by Nima Hojjati
Law Review (i): Recovery of Personal Tax Debt from Trustee, by Albert Oosterhoff
Law Review (ii): ‘The Best Laid Schemes O’ Mice An’ Men/Gang Aft A- Gley’, by Albert Oosterhoff
Law Review (iii): SCJ Updated Changes to Electric Filing, by Brett Book
Law Review (iv): Capacity to Marry – Tanti v. Tanti, by Brett Book
Law Review (i): Recovery of Overpayments Into a Trust, by Albert Oosterhoff
Law Review (ii): Rescission Not Possible to Avoid Adverse Tax Consequences, by Albert Oosterhoff
Law Review (iii): Estates Practice Updates, by Tracey Phinnemore
Law Review (iv): Case Review Of Re (M), 2022 ONCMT 13, by Nima Hojjati
Law Review (i): A Quistclose Trust or a Dud?, by Albert Oosterhoff
Law Review (ii): Designation of Beneficiaries and the Presumption of Resulting Trust, by Albert Oosterhoff
Law Review (iii): But I Love You……Send Me the Money! Romance Scams Involving Adults In-Later-Life, by Kimberly A. Whaley
Law Review (iv): When You Should Update Your Will, by Kimberly A. Whaley
Law Review (v): Recent Law Review, by Nima Hojjati
Law Review (i): Ademption By Conversion: Best v Hendry, by Albert Oosterhoff
Law Review (ii): More Changes to Probate Forms Coming, by Tracey Phinnemore
Law Review (i): First Comes Love, Then Comes Marriage: Capacity to Marry, Separate and Divorce, by Rebecca Betel
Law Review (ii): How Do You Become a Trustee?, by Albert Oosterhoff
Law Review (iii): Probate, Construction, and Law Reform, by Albert Oosterhoff
Volume 11
Law Review (i): Bayford v Boese Encore, by Albert Oosterhoff
Law Review (ii): Executor’s Compensation and Passing of Accounts, by Albert Oosterhoff
Law Review (i): Can an Unsigned Holograph Codicil Be Probated?, by Albert Oosterhoff
Law Review (ii): Should You Be Able to Share in Your Common Law Partner’s Intestate Estate?, by Albert Oosterhoff
Law Review (iii): Should You Be Able to Share in Your Common Law Partner’s Intestate Estate?, by Albert Oosterhoff
Law Review (iv): Damages in Fatal Claims, by Laya Witty
Law Review (v): The Curious Case of Henry Darger, by Daniel Paperny
Law Review (i): Removal of Trustees for Unreasonable Conduct, by Albert Oosterhoff
Law Review (ii): Effect of a Will’s Revocation Clause on Beneficiary Designations, by Albert Oosterhoff
Law Review (iii): 2022 Brings Exciting Changes to Ontario With Bill 245, by Rebecca Betel and Natalie Kodsi
Law Review (i): Supreme Court of Canada Offers Some Important Clarification On How Courts Are To Interpret Releases, by Bryan Gilmartin and Natalie Kodsi
Law Review (ii): Derivative Actions in Estate Litigation, by Albert Oosterhoff
Law Review (iii): Apple Takes Digital Estate Planning Into Its Own Hands, by Daniel Paperny
Law Review (i): The Presumption of Capacity in Palichuk v Palichuk
Law Review (ii): Disclaimer, by Albert Oosterhoff
Law Review (i): Entitlement to Constructive Trust for Tortious Conduct, by Albert Oosterhoff
Law Review (ii): Canadian Will Validating Provisions and Their Application, by Albert Oosterhoff
Law Review (i): Formalities, Probate, and Rectification: Conner Estate v. Worthing, by Albert Oosterhoff
Law Review (ii): O What a Tangled Web We Weave: Bayford v. Boese, by Albert Oosterhoff
Law Review (i): Removal of Trustee for Inappropriate Use of Discretion, by Albert Oosterhoff
Law Review (ii): Cochrane v. Cochrane: A Fiduciary’s Blurred Lines, by Paul Murphy
Law Review (i): Using English Properly: Misuse of Personal Pronouns, by Albert Oosterhoff
Law Review (ii): Think you can Hide Behind a Signature? Think Again! – Bayford v. Boese, by Bryan Gilmartin
Law Review (i): The ‘Slayer Rule’: The Bank of Nova Scotia Company v. Rogers, by Albert Oosterhoff
Law Review (ii): Sherman Estates: Supreme Court of Canada Reviews Sealing of Estates Files, by Paul Murphy
Law Review (iii): Ageism and the Law in Canada, by Kimberly Whaley
Law Review (iv): A Statutory Devolution of the Office of Administrator in Ontario? by Albert Oosterhoff
Law Review (i): Why Does Ontario Have Estate Trustees? by Albert Oosterhoff
Law Review (ii): Canadian Power of Attorney & Guardianship Regime: Foreign Orders, Resealing & Jurisdictional Issues, by Kimberly Whaley
Law Review (iii): When Can a Judge Sit in the Testator’s Armchair? by Albert Oosterhoff
Law Review (i): What Remains – Introduction, by Bryan Gilmartin
Law Review (ii): Estates List: Moving Beyond the ‘New Norm’, by Paul Murphy
Volume 10
Law Review (i): Nothing But Confusion: Is it Also Time to Update Sections 85 And 86 of the Substitute Decisions Act?, by Bryan Gilmartin
Law Review (ii): Have You Heard About the NFT Revolution and its Impact on Estates?, by Daniel Paperny
Law Review (iii): The Statutory Requirements for Proof of a Will in Common Form: Not Common Knowledge in a Time of COVID, by Matthew Rendely
Law Review (iv): Welcome Amendments to Ontario’s Succession Law Reform Act, by Albert Oosterhoff
Law Review (i): Inheritance on Intestacy, by Albert Oosterhoff
Law Review (ii): Even a Limitation Period has its Limits – Beaudoin Estate v. Campbellford Memorial Hospital, by Bryan Gilmartin
Law Review (iii): Ontario’s Inadequate Home Care Forcing Seniors into Hospitals, by Matthew Rendely
Law Review (i): Estates in the News: Football Family Feud
Law Review (ii): Uncertain Language in a Will Can Have a Major Impact on the Beneficiaries of an Estate
Law Review (iii): Missing Case – Grassing v. Riley, 2020 MBQB 34
Law Review (iv): Yet Another May-December Marriage
Law Review (v): The UTRA: Protecting Society’s Vulnerable from “Unconscionable Transactions”
Law Review (i): Make a List and Check It Twice! – Attorneys for Personal Care Must Keep Track of Their Decisions
Law Review (ii): A Holograph Will: Can It Be As Simple As a One-Liner?
Law Review (iii): L.T. v. D.T. Estate: B.C. Court of Appeal on Posthumous Use of Reproductive Material
Law Review (i): Inside Britney’s ‘Toxic’ Guardianship War
Law Review (ii): Meet Laroux Peoples: Make a Will Month
Law Review (i): The UTRA: Protecting Society’s Vulnerable from “Unconscionable Transactions”
Law Review (ii): Be Aware – “Continued and Persistent Lack of Self-Awareness” Results in Cost Consequences: Cardinal v. Perreault
Law Review (i): Procedural Timelines in Court Orders: Is Covid-19 a Get Out of Jail Free Card?
Law Review (ii): Case Comment: Magnotta v Magnotta
Law Review (i): What Happens When a Parent Transfers Real Property to an Adult Child in Joint Tenancy?
Movie Review: Movie Review – Knives Out: Hollywood & The World of Estate Planning/Litigation Collide
Book Review: Kim’s Summer Read: The Skin We’re In – A Year of Black Resistance and Power By Desmond Cole
Feature: Health and Wellness Tips During Pandemic Times and Beyond
Law Review (i): Variation of Trusts
Law Review (ii): Coronavirus Exposes the Vulnerability of Seniors, Importance of Good Planning
Law Review (iii): To Recuse or Not to Recuse, That is the Question…
Law Review (i): Enforcing Settlements and Settler’s Remorse
Law Review (ii): Time to Revist the Role of Counsel: Alsawwah v. Afifi
Law Review (i): Gifts Over on Death Before Receipt
Law Review (ii): It’s All in the Minutes
Law Review (iii): When Trustees Wear Other Hats: Removal in a Conflict of Interest
Law Review (i): Bank Improperly Refuses to Answer Questions Regarding Lawsuit Alleging Banks Owe a Duty of Care to Customers to Prevent Elder Financial Abuse
Law Review (ii): The Limitation Period to Commence a Will Challenge Seeking Substantive and Consequential Relief
Law Review (iii): Can a Joint Tenancy Be Severed Before Death, If the Severance is Only Registered After?
Volume 9
Law Review (i): Spouse vs Common Law Spouse – A Constitutional Question
Law Review (ii): Mike Marra’s Holiday Reads
Law Review (i): Are You Certain You Will Be Granted Leave to Require an Attorney to Pass Accounts?
Law Review (ii): The Kobe Bryant Estate: A ‘Mamba Mentality’ Towards a Comprehensive Estate Plan
Law Review (iii): Memory: The ‘Grand Criterion’ in Determining Testamentary Capacity in Re: From Estate
Law Review (i): 2020 Brings Small Relief for Estates in Ontario
Law Review (ii): “Death-Bed Will” Remains a Will Until Proven Other
Law Review (iii): Comments from Kim’s Christmas Read List
Law Review (i): New Divorce Act Amendments
Law Review (ii): The Revival of the Doctrine of Unconscionable Procurement
Law Review (iii): Have You Ever Had to Explain to a Client The Consequences of Section 26(1) Of The Family Law Act?
Law Review (i): Slover v. Rellinger – Family Conflict and the Ever-Changing Estate Plan
Law Review (ii): The Presumption of Life Has its Limits – Supreme Court of Canada Holds that Pension Payments made to Deceased Absentee are to be Returned
Law Review (i): But We Never Had ‘The Talk’ …. – The case of Derakshan v. Narula
Law Review (ii): “Misleading Evidence” – Not Enough to Deny Costs to Successful Party in Estate Case: Birtzu v. McCron
Law Review (i): Who Qualifies as a ‘Spouse’? The B.C. Court Of Appeal Says it’s a “Judgement Call”
Law Review (ii): Kwok v Kwok: Is Section 3 Counsel Always Appropriate?
Law Review (i): Family Law Act Disclosure Obligations for Estate Trustees
Law Review (ii): Webb v. Belway: Proper and Adequate Support for a Common Law Spouse When Adequate Provisions Not Made
July 2019, Vol.9 No.4 - Our 100th Edition!
Law Review (i) Part 1: Nova Scotia Supreme Court: Testamentary Autonomy is a Constitutionally Protected Right & Sections of Provincial Dependant Support Legislation Held Unconstitutional
Law Review (i) Part 2: Who Is Next? Will Other Provinces with Similar Wording As The Nova Scotia Legislation Follow Suit
Law Review (i) Part 3: How the United States Shows Us the Potential Consequences of Holding Testamentary Autonomy to be a Fundamental Right
Law Review (ii): Navigating the Twilight Zone: Decision Making Capacity and Dementia
Law Review (i): Not every breach of duty by an attorney under a POA is a fiduciary breach of duty
Law Review (ii): Does your client have the requisite capacity to commence a law suit?: The capacity to sue – factors to consider
Law Review (i): What Moore v. Sweet tells us about the Flexibility of the Doctrine of Unjust Enrichment
Law Review (i): Potential Conflict of Interest Not Enough to Remove Executor Another Cautionary Warning on Removal of Fiduciary Applications
Law Review (ii): Marriage Contracts on Death
Volume 8
Law Review (i): #bustedlitigation: When your case goes down… in the dm’s
Law Review (ii): Conflicts of Interest in Matrimonial Property Claim Brought by Administrator Against an Estate
Law Review (i): What is Proper and Adequate Interim Support and How is it Measured?
Law Review (ii): A Cautionary Tale When Objecting to an Appointment of Estate Trustee with a Will
Law Review (iii): Legal Capacity in Family Law Litigation
Law Review (iv): Determining the Appropriate Location to Commence Power of Attorney Litigation
Law Review (v): Determining the Substitute Decision Maker of an Incapable Person
Law Review (i): Charles v Junior And Estate: Interim Support and the Importance of Financial Disclosure
Law Review (ii): Section 3 Counsel and the Rebuttable Presumption of Capacity to Instruct
Law Review (iii): Davey v Craig: Court Dismisses Matrimonial Claim Disguised as an Estate Claim
Law Review (i): Life Insurance as Security for Support Obligations
Law Review (ii): Testamentary Capacity – A New Standard?
Law Review (iii): An Update: U.N. Convention on Rights Of Person’s With Disabilities
Law Review (iv): What Is a Will and What Is the Role of a Court of Probate Redux: Re Milne and Re Panda
Law Review (v): Summary Judgment Not Available in Dispute Over Transfer of Elderly Gentleman’s House: Barberio Estate (Re) v. Da Costa
Law Review (i): Playing Peacemaker: With “no legal solution” in sight, Ontario Court mandates therapeutic counselling to save feuding family
Law Review (ii): Court Denies Request for Sealing Order and Requires Plaintiff to Serve Motion Materials on Opposing Party in Settlement Approval Motion under Rule 7.08
Law Review (i): Civility and Professionalism
Law Review (ii): What Is a Will and What Is the Role of a Court of Probate – Update
Law Review (iii): Re Wall Estate: Notice of Objection to Passing of Accounts Not Barred by Limitation Period
Law Review (i): Costs of Estate Litigation: Who Pays the Bill?
Law Review (ii): Borges v Borges: Despite Privacy Concerns, Relevant Medical Records Should be Disclosed Where Capacity is at Issue
Law Review (i): Is the MoCA Compromised?
Law Review (ii): “Residue of a Residue” and a Reminder that Adjournments Are Not as of Right: Sabetti v. Jimenez
Law Review (iii): Significant Costs Award Against Party Pursing Claim Against Estate as if He “Was Playing With The House’s Money”
Law Review (i): Extension of the Limitation Period for a Claim for Dependant Support: Habberfield v Sciamonte et al.
Law Review (ii): Vesting Orders and Gifts of Real Property under a Will: Nobrega and Elder v. Trustees of the Estate of M. Gasparovich
Law Review (i): Elder Financial Fraud Results in Long-lasting Consequences: Dunn v. TD Waterhouse and Ridley Estate v. Eagan
Law Review (ii): Summary Judgment Not Always Appropriate with Allegations of Undue Influence & Suspicious Circumstances: Koster v. Koster
Law Review (i): UBC Granted Leave To Commence An Action For Recovery Of Benefactor’s Assets, Gordon Estate (Re)
Law Review (i): The "Rule of Convenience" & Interest Payable to Beneficiaries: Rivard v. Morris
Law Review (ii): Predatory Marriage Case leads to Solicitor’s Negligence Claim against Lawyer – brought by the Predator, not the Victim: Baron v. Mamak
Volume 7
Law Review (i): Defining a “Spouse”: More than just a checklist: Robledano v Jacinto
Law Review (ii): Court of Appeal Finds Lawyer Seriously Interfered with Administration of Justice
Law Review (i): The expansion of proprietary estoppel: Cowper-Smith v. Morgan
Law Review (ii): An Irrevocable Right of Survivorship?
Law Review (iii): Abel v. Abel: Trial Required for Power of Attorney Dispute
Law Review (iv): Predatory Marriage: Hunt v. Worrod
Law Review (i): A Jurisdictional Dispute in an Estate Claim: Wamboldt Estate v Wamboldt
Law Review (i): Does an Unidentified Interpreter Equal Suspicious Circumstances? Bhalla Estate
Law Review (ii): Uneducated” and “Unsophisticated” Testator Not Enough to Prove Lack of Testamentary Capacity or Undue Influence: Karpinski v Lozinski
Law Review (i): The Presumption of Destruction & Capacity to Revoke: Goold Estate
Law Review (i): Son Ordered to Vacate Deceased Mother's House: Occupation Rent Ordered: Filippeli Estate
Law Review (i): BC Supreme Court Sets Aside “Predatory” Marriage: Is the common law finally catching up with today’s societal norms and legislative platform?
Law Review (i): You Don’t Choose your Family, or your Joint Attorney
Law Review (ii): Canada’s Aboriginals: The Legacy of Institutional Paternalism
Law Review (iii): Proposed Tax Changes
Law Review (i): A Clear Case of Elder Abuse: Danilova v Nikityuk
Law Review (ii): The All Families are Equal Act: Potential and Promise – Modernizing the Family
Law Review (iii): Did the Superior Court expand the doctrine of donatio mortis causa to apply to real property?
Law Review (i): Law Commission of Ontario Project on Improving the Last Stages of Life, May 2017
Law Review (ii): Dagg v. Cameron Estate, 2017 ONCA 366, 2017 CarswellOnt 6557
Law Review (iii): Solicitor’s Negligence CPOAP & Testamentary Capacity Indicators– Prince Edward Island –Not A New Case But A Good One!
Law Review (i): Law Commission of Ontario (LCO) Final Report
Law Review (ii): Plain Language and the Danger of Legalese
Law Review: When is a remedial constructive trust available? Moore v. Sweet, 2017 ONCA 182
Volume 6
Law Review (i): When Is Enough, Enough? Vexatious Litigants In Estate Litigation
Law Review (ii): Birtzu V. Mccron: Will Challenge Statute Barred: Or Is It?
Law Review (i): Can You Give a Gift Which You Do Not Have?: Teixeira v. Estate of Maria Markgraf
Law Review (ii): BC Court of Appeal Confirms No Duty Owed by Drafting Solicitor to Beneficiaries under Former Will: Johnston Estate v. Johnston, 2017 BCCA 59 (CanLII)
Law Review (i): Meaning Of “Children” In A Will: Biological? Adopted? Foster?
Law Review (ii): Removal of Estate Trustee for Failure to be a “Prudent Investor”
Law Review (i): Solicitor’s Negligence Concerns in a Wills & Estates Practice
Law Review (i): “Critical” Evidence Given by Lawyers in Alleged Undue Influence Case: Morris v Rivard
Law Review (ii): O’Brien Estate: Deceased’s Promise to Pay for Higher Education Honoured
Law Review (i): Will a Court extend the Limitation Period to file a Dependant Support Claim under the SLRA?: Weigand v. Mohammed
Law Review (ii): Driscoll v Driscoll: Costs Paid by Estate of Testator Who Left Everything to Son, Ignoring Seven Daughters
Volume 5
Volume 4
Volume 3
Volume 2
Volume 1
