Banfield v. Ristevska, 2025 ONSC 3172 – Navigating Partition and Sale in a Contentious Co-Ownership Dispute
Can You Stop a Co-Owner From Forcing the Sale of Your Home? – Banfield v. Ristevska Offers a Cautionary Tale In the recent Ontario Superior Court decision of Banfield v. Ristevska, 2025 ONSC 3172 (CanLII), the Honourable Justice Myers addressed a contentious application for partition and sale of a co-owned property amidst repeated adjournment requests. […]
Renouncing an Executor Role — Can You Take It Back? A Closer Look at Withdrawing a Renunciation in Ontario Estates – Chieffallo v. Blair, 2025 ONSC 3411
Overview In Chieffallo v Blair, the Ontario Superior Court tackled a growing question: once you renounce your appointment as an estate trustee, can you later revoke that decision? The judge confirmed that while the court does have authority to allow retraction, the decision remains in its discretion, and courts will scrutinize such applications closely. The Facts The […]
Case Update: Hockney v Kneeland, 2025 ONSC 3592: Estate Trustee Held Personally Liable After Years of Delay, Court Awards Damages
In Hockney v. Kneeland, 2025 ONSC 3592, the Ontario Superior Court issued a scathing decision against a lawyer who acted as estate trustee and failed to distribute inheritance funds to seven grandchildren of the deceased. Justice Myers found that Mary Jane Kneeland, in both her personal and fiduciary capacities, committed serious breaches of trust and […]
Undue Influence, Escorts, and Elder Estate Planning: Lessons from McCrone v. Henry Estate, 2025 BCSC 1076
In McCrone v. Henry Estate, 2025 BCSC 1076, the British Columbia Supreme Court declined to summarily dismiss a will challenge brought by the niece and nephew of the deceased, Janet Henry. The plaintiffs alleged that a substantial gift made to a younger male escort in Janet’s final will was the product of undue influence. The […]
Handwritten Hospital Note Rejected as Will: Ontario Court Clarifies Limits of Section 21.1(1) of the SLRA
Handwritten Hospital Note Rejected as Will: Ontario Court Clarifies Limits of Section 21.1(1) SLR Deanna McKinlay, in her proposed capacity as estate trustee of the Estate of Virginia Beecroft, applied for court directions on whether an informal document (the “Proffered Document”) should be recognized as a valid testamentary instrument under s. 21.1(1) of the Succession […]
Guardianship Without Security: Lessons from Laxton v. Laxton, 2024 ONSC
In the recent case of Laxton v. Laxton, the Ontario Superior Court of Justice considered a guardianship application involving a close-knit family seeking to care for their elderly matriarch, Josephine Laxton. The court’s decision illustrates how practical, compassionate caregiving — combined with a thoughtful estate plan and clear documentation — can support a guardianship appointment […]
When Will a Court Compel a Mental Health or Capacity Assessment? Understanding Section 105 CJA and Section 79 SDA in Ontario
Ontario courts take issues of mental capacity seriously, particularly when it affects a person’s ability to manage property, make personal care decisions, or instruct legal counsel. Two distinct—but occasionally overlapping—legal tools are available to the court in these situations: A mental health examination under section 105 of the Courts of Justice Act, often used to […]
Can a Plaintiff Remove a Litigation Guardian After Regaining Capacity?
Ontario Court Upholds PGT as Litigation Guardian in Duffy v. McDaniel, Reinforcing Strict Evidentiary Standards for Capacity In *Duffy v. McDaniel, 2025 ONSC 2899 (CanLII)*, the Ontario Superior Court of Justice addressed a motion to remove the Public Guardian and Trustee (PGT) as the litigation guardian for Stephen Duffy, a plaintiff who suffered a traumatic […]
Interpreting Charitable Gifts in a Will: Gruber v. The Hebrew University of Jerusalem 2025 ONSC 3088
In Gruber v. The Hebrew University of Jerusalem, 2025 ONSC 3088, the Ontario Superior Court of Justice was asked to interpret the will of Yaacov Glickman, a deceased academic who left his entire estate to support Jewish-Arab academic cooperation through an “endowment” at the Hebrew University of Jerusalem. The estate trustee, concerned about ambiguity in […]
Scott v. Wilson, 2025 ONSC 2981: Court Orders Capacity Assessment Over Objections Amid Power Struggles in Guardianship Dispute
Scott v. Wilson, 2025 ONSC 2981: Court Orders Capacity Assessment Over Objections Amid Power Struggles Guardianship Dispute Justice C. Gilmore of the Ontario Superior Court (Estates List) ordered a capacity assessment under section 79 of the Substitute Decisions Act, 1992 despite opposition from the allegedly incapable adult and her common-law spouse. The case illustrates how […]