Ontario Court Affirms Dementia Patients’ Right to Family Visits Despite Attorney Objections in Orr v. Orr, 2025 ONSC 4986
Overview This case, Orr v. Orr, 2025 ONSC 4986 (CanLII), decided by Justice M.A. Cook of the Ontario Superior Court of Justice, addresses the authority of an attorney for personal care under the Substitute Decisions Act, 1992 (SDA) to restrict family visits to an incapacitated person in a long-term care home. The applicant, Gwen Ruby […]
Ontario Estate Court Forms Updated: Essential Changes to Be Aware Of
Ontario Estate Court Forms Updated: What You Need to Know The Ontario Ministry of the Attorney General has once again updated the estate court forms, this time under O. Reg. 72/25, which took effect on August 13, 2025. These reforms are designed to streamline probate applications, reduce administrative hurdles for estate professionals, and ultimately make […]
Jurisdictional Challenges in Cross-Border Estate Disputes: Bratusa v. Doersam, 2025 ONSC 4726
Overview In Bratusa v. Doersam, applicants Nicole Lynn Bratusa and her minor daughter, Olivia Jade Doersam Bratusa, sought dependent’s support from the estate of Ryan Campbell Doersam, who died in Costa Rica in September 2024. The applicants, who lived with the deceased in Costa Rica, aimed to access the estate’s assets and the value of […]
Suspicious Wills and the Appointment of an ETDL – In the Estate of Brian William McGarry, 2025 ONSC 3299
Overview The Ontario Superior Court’s decision in In the Estate of Brian William McGarry, 2025 ONSC 3299 is a striking example of how courts handle suspicious wills, contested life insurance beneficiary changes, and the appointment of an Estate Trustee During Litigation (ETDL). Justice Marc Smith was faced with allegations of diminished capacity, potential undue influence, […]
Court of Appeal Upholds Ruling in Wyszatko Estate Dispute, Clarifies Loan Liability
In Macpherson v. Wyszatko Estate, 2025 ONCA 576, the Court of Appeal for Ontario largely upheld a Superior Court decision resolving a complex family dispute over the estate of Nadia Wyszatko, which included two marinas in East Gwillimbury. The appeal, brought by Richard Wyszatko, challenged the trial judge’s findings on a $100,000 loan repayment, occupation […]
Bobila Walker Law – Trusted Ontario Estate Litigation Lawyers
When a loved one passes away, navigating the legal and emotional challenges of settling their estate can be overwhelming. Disputes over wills, trusts, or powers of attorney can make an already difficult time even more stressful. At Bobila Walker Law, we provide clear guidance, compassionate support, and strong legal representation to help you protect your […]
What Happens If You Die Without a Will in Ontario? Understanding Intestacy Laws in 2025
In Ontario, dying without a will—known as intestacy—can trigger a cascade of legal complications, including family disputes, court battles, and unexpected inheritance outcomes. At Bobila Walker Law, our estate litigation experts frequently handle cases where intestate estates lead to prolonged litigation, draining resources and fracturing relationships. If you’re searching for “dying without a will Ontario […]
Stewart Estate v. Stewart: Navigating Tax Liabilities and Testamentary Intent in Estate Administration
The Ontario Court of Appeal’s decision in Stewart Estate v. Stewart, 2025 ONCA 575 (CanLII), decided on July 30, 2025, addresses critical issues in estate administration, particularly the tension between honoring a testator’s wishes and managing substantial tax liabilities. This case, arising from motions to stay an order interpreting the will of William Archibald Stewart, […]
Landmark Decision in Fisher v. Danilunas: Recognizing Foreign Guardianship Orders in Ontario
Overview In the groundbreaking case of Fisher v. Danilunas, 2025 ONSC 4359, the Ontario Superior Court of Justice delivered a precedent-setting decision on the recognition of foreign guardianship orders in Ontario. Our firm had the privilege of acting as an intervenor in this case, representing Coral Wilson in her capacity as Guardian for Gloria Lew, […]
Ferritto v. Ferritto: A Cautionary Tale on Guardianship Disputes and Litigation Costs
Ferritto v. Ferritto: Key Insights from the 2025 ONSC Costs Decision on Guardianship Litigation Introduction The recent Ontario Superior Court of Justice decision in Ferritto v. Ferritto et al., 2025 ONSC 4217, provides critical insights into guardianship disputes, costs awards, and the consequences of misconduct in estate litigation. Released on July 17, 2025, this costs […]
