PRACTICE AREA: Estates & Trusts

DBDC Spadina Ltd. v. Walton (2018), 2018 CarswellOnt 1571, 2018 ONCA 60 (Ont. C.A.)

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Defendants' failure to advise plaintiff of significant legal risks in pursuing plan fell squarely within exception of failure to warn where duty to warn was clear, and expert evidence of solicitor's negligence was not required

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Plaintiff brought action to challenge validity of will and marriage on grounds that deceased did not have capacity

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Testator died while SC continued to reside with mother, remaining dependent while receiving disability support payments

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Property never belonged to plaintiff and was not put into names of defendants to facilitate their dealing with it on her behalf

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Berry v. Burniston (2017), 2017 CarswellAlta 166, 2017 ABQB 77 (Alta. Q.B.)

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Intended executor of testator’s estate brought application for declaration that unexecuted will was valid and fully effective pursuant to provisions of s. 35.1(a) of Wills Act

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Su v. Lam (2017), 2017 ONSC 2414, 2017 CarswellOnt 5833 (Ont. S.C.J.)

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Deceased intended money transfers to B as gifts, motivated by natural and understandable gratitude to B for happiness and comfort of final year.

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McDonald Bankruptcy (Re) (2017), 2017 CarswellBC 3030, 2017 BCSC 1957 (B.C. S.C.)

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Possession of cheque did not allow neighbour to bring action for its value

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